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This is a Bill, not an Act. For current law, see the Acts databases.
Government Sector Employment Bill
2013
No , 2013
A Bill for
An Act relating to employment in the government sector.
See also the Members of Parliament Staff Bill 2013.
Clause 1 Government Sector Employment Bill 2013
Part 1 Preliminary
The Legislature of New South Wales enacts: 1
Part 1 Preliminary 2
1 Name of Act 3
This Act is the Government Sector Employment Act 2013. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
3 Definitions 7
(1) In this Act: 8
Department means a Department of the Public Service listed in Part 1 9
of Schedule 1. 10
function includes a power, authority or duty, and exercise a function 11
includes perform a duty. 12
government sector comprises all of the following (other than any 13
service in which persons excluded from this Act by section 5 are 14
employed): 15
(a) the Public Service, 16
(b) the Teaching Service, 17
(c) the NSW Police Force, 18
(d) the NSW Health Service, 19
(e) the Transport Service of New South Wales, 20
(f) any other service of the Crown (including the service of any 21
NSW government agency), 22
(g) the service of any other person or body constituted by or under an 23
Act or exercising public functions (such as a State owned 24
corporation), being a person or body that is prescribed by the 25
regulations for the purposes of this definition. 26
government sector agency means: 27
(a) in the case of the Public Service--a Public Service agency, or 28
(b) in the case of any other service in the government sector--the 29
group of staff comprising the service or (subject to the 30
regulations) any separate group of that staff, 31
and the head of a government sector agency means the head of the 32
Public Service agency (where paragraph (a) applies) or the person who 33
exercises employer functions in relation to the relevant staff (where 34
paragraph (b) applies). 35
Page 2
Government Sector Employment Bill 2013 Clause 3
Preliminary Part 1
government sector employment rules means rules made by the 1
Commissioner under section 12. 2
head of a Public Service agency means: 3
(a) in the case of a Department--the Secretary of the Department, or 4
(b) in any other case--the head of the agency listed in Part 2 or 3 of 5
Schedule 1. 6
Public Service means the Public Service of New South Wales referred 7
to in Part 4. 8
Public Service agency means: 9
(a) a Department, or 10
(b) a Public Service executive agency (being an agency related to a 11
Department), or 12
(c) a separate Public Service agency. 13
Public Service Commission Advisory Board (or Advisory Board) 14
means the Public Service Commission Advisory Board established 15
under Division 2 of Part 3. 16
Public Service Commissioner (or Commissioner) means the Public 17
Service Commissioner appointed under Division 1 of Part 3. 18
Public Service employee means a person employed in ongoing, term, 19
temporary, casual or other employment, or on secondment, in a Public 20
Service agency (and employee of a Public Service agency means a 21
person so employed in a Public Service agency). 22
Public Service executive agency related to a Department means a 23
Public Service agency listed in Part 2 of Schedule 1. 24
Public Service senior executive means the Secretary of a Department 25
and any other Public Service employee to whom Division 4 of Part 4 26
applies. 27
resignation includes retirement. 28
role of an employee means the duties and responsibilities of the 29
employee. 30
senior executive bands determination means a determination made by 31
the Minister under section 35. 32
separate Public Service agency means a Public Service agency listed in 33
Part 3 of Schedule 1. 34
(2) Notes included in this Act do not form part of this Act. 35
Page 3
Clause 4 Government Sector Employment Bill 2013
Part 1 Preliminary
4 Objects of Act 1
The objects of this Act are as follows: 2
(a) to develop a modern high performing government sector: 3
(i) that is efficient and effective in serving the Government in 4
the delivery of services to the people of New South Wales, 5
and 6
(ii) that has effective and fair employment arrangements, 7
management and leadership, 8
(b) to establish the Public Service as the general service within the 9
government sector, 10
(c) to provide transparent governance and employment 11
arrangements for the Public Service, including providing for the 12
employer functions and responsibilities of heads of Public 13
Service agencies, 14
(d) to establish an ethical framework for the government sector 15
comprising core values and principles that guide their 16
implementation, 17
(e) to make provision for the objectives, functions and 18
responsibilities of the Public Service Commissioner. 19
5 Persons to whom Act does not apply 20
(1) This Act does not apply to any of the following: 21
(a) a judicial officer within the meaning of the Judicial Officers 22
Act 1986, 23
(b) an officer or employee of either House of Parliament or any 24
officer or employee under the separate control of the President or 25
Speaker, or under their joint control, 26
(c) persons employed under the Members of Parliament Staff 27
Act 2013, 28
(d) staff of the Independent Commission Against Corruption, or of 29
the Inspector of the Independent Commission Against 30
Corruption, employed under the Independent Commission 31
Against Corruption Act 1988, 32
(e) staff of the Audit Office employed under the Public Finance and 33
Audit Act 1983, 34
(f) staff of the Judicial Commission of New South Wales employed 35
under the Judicial Officers Act 1986. 36
(2) However, provisions of this Act apply to the extent that this Act 37
expressly so provides. 38
Page 4
Government Sector Employment Bill 2013 Clause 6
Ethical framework for the government sector Part 2
Part 2 Ethical framework for the government sector 1
6 Objective of Part 2
This Part: 3
(a) recognises the role of the government sector in preserving the 4
public interest, defending public value and adding professional 5
quality and value to the commitments of the Government of the 6
day, and 7
(b) establishes an ethical framework for a merit-based, apolitical and 8
professional government sector that implements the decisions of 9
the Government of the day. 10
7 Government sector core values 11
The core values for the government sector and the principles that guide 12
their implementation are as follows: 13
Integrity 14
(a) Consider people equally without prejudice or favour. 15
(b) Act professionally with honesty, consistency and 16
impartiality. 17
(c) Take responsibility for situations, showing leadership and 18
courage. 19
(d) Place the public interest over personal interest. 20
Trust 21
(a) Appreciate difference and welcome learning from others. 22
(b) Build relationships based on mutual respect. 23
(c) Uphold the law, institutions of government and democratic 24
principles. 25
(d) Communicate intentions clearly and invite teamwork and 26
collaboration. 27
(e) Provide apolitical and non-partisan advice. 28
Service 29
(a) Provide services fairly with a focus on customer needs. 30
(b) Be flexible, innovative and reliable in service delivery. 31
(c) Engage with the not-for-profit and business sectors to 32
develop and implement service solutions. 33
(d) Focus on quality while maximising service delivery. 34
Accountability 35
(a) Recruit and promote employees on merit. 36
(b) Take responsibility for decisions and actions. 37
Page 5
Clause 8 Government Sector Employment Bill 2013
Part 2 Ethical framework for the government sector
(c) Provide transparency to enable public scrutiny. 1
(d) Observe standards for safety. 2
(e) Be fiscally responsible and focus on efficient, effective 3
and prudent use of resources. 4
8 General provisions 5
(1) The Public Service Commissioner has the function of promoting and 6
maintaining the government sector core values. 7
(2) There is no hierarchy among the core values and each is of equal 8
importance. 9
(3) Nothing in this Part gives rise to, or can be taken into account in, any 10
civil cause of action. 11
Page 6
Government Sector Employment Bill 2013 Clause 9
Public Service Commissioner and Advisory Board Part 3
Part 3 Public Service Commissioner and Advisory 1
Board 2
Division 1 Public Service Commissioner 3
9 Appointment of Commissioner etc 4
(1) The Governor may appoint a Public Service Commissioner. 5
(2) A person may only be appointed as Commissioner if the Advisory 6
Board has recommended to the Premier that the person be appointed as 7
the Commissioner. 8
(3) The Governor may remove the Commissioner from office for 9
incapacity, incompetence or misbehaviour. 10
(4) The Commissioner may only be removed from office: 11
(a) following an independent review of the performance or conduct 12
of the Commissioner, and 13
(b) if the Advisory Board has recommended to the Premier that the 14
Commissioner be removed from office. 15
(5) Any such independent review may be initiated: 16
(a) by the Advisory Board at the request of the Premier, or 17
(b) by the Premier. 18
(6) An independent review of the performance or conduct of the 19
Commissioner is not required under this section before the 20
Commissioner can be removed from office if the performance or 21
conduct giving rise to the Advisory Board's recommendation for 22
removal has been the subject of: 23
(a) an inquiry and report by the Independent Commission Against 24
Corruption, a Royal Commission, a Special Commission of 25
Inquiry or other body constituted by a judicial officer, or 26
(b) a finding by a court. 27
(7) The Premier is, if the Commissioner is removed from office, to cause 28
the reasons for the removal to be tabled in both Houses of Parliament. 29
(8) The Commissioner must not be present during any deliberation of the 30
Advisory Board on any matter that relates to the making of a 31
recommendation under this section. 32
(9) Schedule 2 contains provisions relating to the Commissioner. 33
Page 7
Clause 10 Government Sector Employment Bill 2013
Part 3 Public Service Commissioner and Advisory Board
10 Principal objectives of Commissioner 1
The principal objectives of the Commissioner are as follows: 2
(a) to promote and maintain the highest levels of integrity, 3
impartiality, accountability and leadership across the government 4
sector, 5
(b) to improve the capability of the government sector to provide 6
strategic and innovative policy advice, implement the decisions 7
of the Government and meet public expectations, 8
(c) to attract and retain a high calibre professional government sector 9
workforce, 10
(d) to ensure that government sector recruitment and selection 11
processes comply with the merit principle and adhere to 12
professional standards, 13
(e) to foster a public service culture in which customer service, 14
initiative, individual responsibility and the achievement of results 15
are strongly valued, 16
(f) to build public confidence in the government sector, 17
(g) to support the Government in achieving positive budget 18
outcomes through strengthening the capability of the government 19
sector workforce. 20
11 General functions of Commissioner 21
(1) The Commissioner has the following functions: 22
(a) to identify reform opportunities for the government sector 23
workforce and to advise the Government on policy innovations 24
and strategy in those areas of reform, 25
(b) to lead the strategic development and management of the 26
government sector workforce in relation to the following: 27
(i) workforce planning, including identifying risks and 28
strategies to minimise risks, 29
(ii) recruitment, particularly compliance with the 30
requirements relating to appointment and promotion on 31
merit, 32
(iii) performance management and recognition, 33
(iv) equity and diversity, including strategies to ensure the 34
government sector reflects the diversity of the wider 35
community, 36
(v) general conduct and compliance with ethical practices, 37
(vi) learning and development, 38
(vii) succession planning, 39
Page 8
Government Sector Employment Bill 2013 Clause 12
Public Service Commissioner and Advisory Board Part 3
(viii) redeployment, including excess employees, 1
(ix) staff mobility, 2
(x) executive employment arrangements, 3
(c) to advise the Government on leadership structure for the 4
government sector, 5
(d) to advise the Government on appropriate strategies, policies and 6
practices in relation to the structure of the government sector 7
workforce, 8
(e) to advise the Government on appropriate strategies, policies and 9
practices in relation to such other government sector matters as 10
the Minister may determine from time to time, and to monitor, 11
co-ordinate and assist the implementation of Government 12
strategies, policies and practices in such other areas as the 13
Minister may determine from time to time, 14
(f) to develop and advise the Government on service delivery 15
strategies and models for the government sector through 16
collaboration with the private business sector, the not-for-profit 17
sector and the wider community, 18
(g) to set standards, subject to any legislative requirements, for the 19
selection of persons for appointment as members of boards or 20
committees of public authorities (including Government business 21
enterprises). 22
(2) The Commissioner has and may exercise such other functions as are 23
conferred or imposed on the Commissioner by or under this or any other 24
Act. 25
Note. Other functions of the Commissioner include promoting and maintaining 26
the government sector core values (see section 7); making government sector 27
employment rules under section 12; giving directions to government sector 28
agencies under section 13; assigning a senior executive to a role in a Public 29
Service agency under section 38; reporting on workforce diversity under 30
section 63 and conducting inquiries under section 83. 31
(3) The Commissioner is to exercise his or her functions in accordance with 32
the general policies and strategic directions determined by the Public 33
Service Commission Advisory Board. 34
12 Government sector employment rules 35
(1) The Commissioner may make government sector employment rules, 36
not inconsistent with this Act and the regulations, on any matter for 37
which any such rules are authorised to be made by or under this Act. 38
(2) The Commissioner may amend or repeal a government sector 39
employment rule by a further rule. 40
Page 9
Clause 13 Government Sector Employment Bill 2013
Part 3 Public Service Commissioner and Advisory Board
(3) Government sector employment rules (including any amendment or 1
repeal) are to be published on the NSW legislation website and take 2
effect on the date they are so published or on any later specified date. 3
13 Directions by Commissioner to a government sector agency 4
(1) The Commissioner may, for the purposes of exercising his or her 5
functions or ensuring compliance with this Act, the regulations and the 6
government sector employment rules, give a direction in writing to the 7
head of a government sector agency on a specific matter in relation to 8
the employees of that agency. 9
(2) Before giving a direction the Commissioner is to consult the head of the 10
government sector agency to whom the direction is to be given and such 11
other persons affected by the direction as the Commissioner considers 12
appropriate. 13
(3) The head of the government sector agency to whom a direction under 14
this section is given must comply with the direction. 15
(4) However, the head of a separate Public Service agency is not required 16
to comply with the direction if the head considers that the direction is 17
not consistent with the independent exercise of statutory functions by 18
the head and the agency. The head is required to report to any 19
Parliamentary Committee that oversees the exercise of those functions 20
on the reasons for any non-compliance with the substantive 21
employment outcomes sought by the direction. 22
(5) A direction under this section: 23
(a) must not be inconsistent with this Act (including the regulations 24
and the government sector employment rules) or with the 25
principal objectives of the Commissioner referred to in this 26
Division, and 27
(b) must be made publicly available by the Commissioner as soon as 28
practicable after it is given. 29
14 Commissioner to report to Premier 30
(1) The Commissioner is to report to the Premier in connection with the 31
exercise of the Commissioner's functions but is not subject to the 32
control and direction of the Premier in the exercise of those functions. 33
(2) This section does not limit any other provisions of this Act relating to 34
the exercise of the functions of the Premier or the Commissioner. 35
Page 10
Government Sector Employment Bill 2013 Clause 15
Public Service Commissioner and Advisory Board Part 3
15 Annual reports of the Commissioner 1
(1) The Commissioner is, as soon as practicable after 30 June in each year, 2
to prepare and forward to the Premier: 3
(a) a report on the Commissioner's work and activities for the 4
12 months ending on that 30 June, and 5
(b) a report on the state of the government sector in relation to the 6
period of 12 months ending on that 30 June. 7
(2) The report on the state of the government sector is to include the 8
following: 9
(a) an assessment of the performance of the whole of the government 10
sector, including notable achievements, challenges and priorities, 11
(b) an analysis of government sector workforce data. 12
(3) The Premier is to table any report under this section, or cause it to be 13
tabled, in both Houses of Parliament as soon as practicable after it is 14
received by the Premier. 15
16 Provision of reports and information by agencies 16
(1) The Commissioner may require the head of a government sector agency 17
to provide the Commissioner with a report on such matters relating to 18
the employees of the agency, or to the employment policies and 19
practices of the agency, as the Commissioner requires. 20
(2) The Commissioner may also require the head of a government sector 21
agency to provide the Commissioner with information collected or held 22
by the agency in dealing with matters relating to government sector 23
employees. 24
(3) The head of the government sector agency concerned must comply with 25
a requirement under this section within such time and in such manner as 26
the Commissioner directs. 27
(4) Any law relating to the protection of personal information (within the 28
meaning of the Privacy and Personal Information Protection Act 1998) 29
does not operate to prevent the furnishing of information, or affect a 30
duty to furnish information, under this section. 31
(5) In this section, government sector agency includes any person or body, 32
constituted by or under an Act, that is prescribed by the regulations for 33
the purposes of this section, and the head of any such prescribed agency 34
means the person prescribed by the regulations in relation to that 35
agency. 36
Page 11
Clause 17 Government Sector Employment Bill 2013
Part 3 Public Service Commissioner and Advisory Board
17 Miscellaneous provisions relating to Commissioner 1
(1) Persons may be employed in the Public Service to enable the 2
Commissioner to exercise his or her functions. Those persons may be 3
referred to as the staff of the Commissioner or as employees of the 4
Public Service agency in which they are employed. 5
(2) The Commissioner may delegate the exercise of any function of the 6
Commissioner (other than this power of delegation) to: 7
(a) the head of any government sector agency or an employee of any 8
government sector agency, or 9
(b) any person, or any class of persons, authorised for the purposes 10
of this section by the regulations. 11
(3) The Commissioner is to arrange for government sector employment 12
information to be made available on a website provided and maintained 13
by the Commissioner (including the government sector employment 14
rules, the senior executive bands determination and any guidelines 15
issued by the Commissioner). 16
(4) The government sector employment rules may deal with any 17
requirement under this Act for the approval or concurrence of the 18
Commissioner, or for consultation with the Commissioner, and may 19
provide for the circumstances in which the approval, concurrence or 20
consultation is not required. 21
(5) The Commissioner is, to the extent that it is reasonable and practicable 22
to do so, to remove any personal information from any report or other 23
document prepared by the Commissioner under this Part that is, or is to 24
be, publicly available. In this subsection, personal information means 25
information about an individual whose identity is apparent, or can 26
reasonably be ascertained, from the information. 27
(6) The regulations may make provision with respect to the exercise of the 28
functions of the Commissioner. 29
Division 2 Public Service Commission Advisory Board 30
18 Establishment and members of Advisory Board 31
(1) There is to be a Public Service Commission Advisory Board. 32
(2) The Advisory Board is to consist of the following members: 33
(a) a person appointed by the Premier as the Chairperson of the 34
Advisory Board, 35
(b) 4 other persons appointed by the Premier, 36
(c) the Commissioner or a senior member of the staff of the 37
Commissioner nominated by the Commissioner, 38
Page 12
Government Sector Employment Bill 2013 Clause 19
Public Service Commissioner and Advisory Board Part 3
(d) the Secretary of the Department of Premier and Cabinet or a 1
senior employee of that Department nominated by the Secretary. 2
(3) The members appointed by the Premier are to be persons who together 3
have expertise in human resources management, probity and 4
accountability, strategic planning, budget and performance 5
management and service delivery in the public, private, tertiary and 6
not-for-profit sectors. 7
(4) Schedule 3 contains provisions relating to the members and procedure 8
of the Advisory Board. 9
19 Functions of Advisory Board 10
(1) The Advisory Board has the following functions: 11
(a) to determine general policies and strategic directions in relation 12
to the functions of the Commissioner, 13
(b) to provide the Premier, either at the request of the Premier or on 14
its own initiative, with advice on any matter relating to the 15
management and performance of the government sector. 16
(2) The Advisory Board has such other functions as are conferred or 17
imposed on it by or under this or any other Act. 18
Page 13
Clause 20 Government Sector Employment Bill 2013
Part 4 The Public Service
Part 4 The Public Service 1
Division 1 General 2
20 The Public Service 3
The Public Service of New South Wales consists of those persons who 4
are employed under this Part by the Government of New South Wales 5
in the service of the Crown. 6
Note. See section 47A of the Constitution Act 1902. 7
21 Employment in the Public Service 8
(1) The Government of New South Wales may employ persons in the 9
Public Service in accordance with this and any other Act or law. 10
(2) Persons may be so employed for the following purposes: 11
(a) to enable Ministers to exercise their functions, 12
(b) to enable statutory bodies or statutory officers to exercise their 13
functions, 14
(c) for any other purpose. 15
(3) This section does not affect any other means (statutory or otherwise) by 16
which a person may be employed in the service of the Crown. 17
Note. Other ways in which persons are employed in the service of the Crown 18
include employment in the Teaching Service, the NSW Health Service or the 19
NSW Police Force--see definition of government sector in section 3. 20
22 Departments and other Public Service agencies 21
(1) Public Service employees are employed in: 22
(a) Departments (listed in Part 1 of Schedule 1), or 23
(b) Public Service executive agencies related to Departments (listed 24
in Part 2 of Schedule 1), or 25
(c) separate Public Service agencies (listed in Part 3 of Schedule 1). 26
(2) A Department or other Public Service agency may comprise such 27
branches or other groups of employees as the Secretary of the 28
Department or the head of the other agency determines from time to 29
time. 30
Page 14
Government Sector Employment Bill 2013 Clause 23
The Public Service Part 4
(3) Part 7 of the Constitution Act 1902 authorises the amendment of 1
Schedule 1 by an administrative arrangements order under that Part. 2
Any such order may also amend Schedule 1 to specify, change or 3
remove the Department to which a Public Service agency is related. 4
Note. An administrative arrangements order may create, abolish or change the 5
name of Departments and other Public Service agencies and transfer 6
employees between agencies. 7
Division 2 Secretaries of Departments 8
23 Secretaries of Departments 9
(1) The head of a Department is the Secretary of the Department. 10
(2) The office of Secretary of a Department is established by this section. 11
(3) If a Department is abolished or its name is changed, the office of 12
Secretary of the Department is taken to be abolished or its name 13
correspondingly changed by the operation of this section. 14
(4) Appointments to the office of Secretary of a Department are to be made 15
by the Minister. 16
Note. The Minister may delegate the function of appointing Secretaries--see 17
section 81. 18
(5) The appointment of a person to the office of Secretary of a Department 19
is to be made by a contract of employment (under Division 4) between 20
that person and the person who makes the appointment. The person so 21
appointed is a Public Service employee who is employed in the 22
Department. 23
24 Acting appointments as Secretary of a Department 24
(1) The Minister may appoint a Public Service employee to act as the 25
Secretary of a Department if the office of the Secretary is vacant or if 26
the Secretary is unavailable. 27
(2) A person, while acting as the Secretary of a Department, has all the 28
functions of the Secretary. 29
(3) The Minister may, at any time, terminate an acting appointment. 30
(4) The regulations may make provision with respect to the conditions of 31
employment of a person acting as the Secretary of a Department. 32
25 General responsibility of Secretaries of Departments 33
(1) The Secretary of a Department is responsible to the Minister or 34
Ministers to whom the Department is responsible for the general 35
conduct and management of the functions and activities of the 36
Page 15
Clause 26 Government Sector Employment Bill 2013
Part 4 The Public Service
Department in accordance with the government sector core values 1
under Part 2. 2
Note. Section 50C of the Constitution Act 1902 provides for the designation of 3
the Minister or Ministers to whom a Department is responsible. 4
(2) Any action taken in the exercise of a responsibility under this section is 5
not to be inconsistent with the functions conferred by this Act of a 6
Minister administering this Act or the Public Service Commissioner. 7
Note. The Secretary of a Department is also responsible for workforce diversity 8
under Part 5. 9
26 Employer functions of Secretaries of Departments 10
(1) The Secretary of a Department may, subject to this and any other Act or 11
law, exercise on behalf of the Government of New South Wales the 12
employer functions of the Government in relation to the following: 13
(a) the Public Service senior executives assigned to roles in the 14
Department, 15
(b) the other employees of the Department, 16
(c) the head of each Public Service executive agency related to the 17
Department unless: 18
(i) the office of the head is a statutory office established by 19
another Act, or 20
(ii) the head is the Secretary, or 21
(iii) Schedule 1 provides that some other person exercises the 22
employer functions in relation to the head, 23
(d) the Public Service senior executives assigned to roles in each 24
Public Service executive agency related to the Department. 25
(2) The Minister may, subject to this and any other Act or law, exercise on 26
behalf of the Government of New South Wales the employer functions 27
of the Government in relation to the Secretary of a Department. 28
(3) The employer functions of the Government are all the functions of an 29
employer in respect of employees, including (without limitation) the 30
power to employ persons, to assign them to roles and to terminate their 31
employment. 32
Note. Division 6 confers on the Industrial Relations Secretary employer 33
functions relating to the determination of the conditions of employment of, and 34
other industrial matters relating to, Public Service employees. 35
Page 16
Government Sector Employment Bill 2013 Clause 27
The Public Service Part 4
27 Delegation by Secretaries of Departments 1
(1) The Secretary of a Department may delegate to any employee of the 2
Department or of any other Public Service agency or to any statutory 3
officer: 4
(a) any of the functions of the Secretary under this Act (other than 5
this power of delegation), and 6
(b) any employer functions under any other Act or law that the 7
Secretary exercises on behalf of the Government of New South 8
Wales in relation to Public Service employees. 9
(2) If: 10
(a) a function of the Secretary of a Department is delegated to an 11
employee or officer in accordance with subsection (1), and 12
(b) the instrument of delegation authorises the sub-delegation of the 13
function, 14
then, subject to any conditions to which the delegation is subject, the 15
employee or officer may sub-delegate the function to another employee 16
of the Department or of any other Public Service agency or to a statutory 17
officer. 18
(3) For the purposes of this section, the functions of the Secretary of a 19
Department include any functions delegated to the Secretary under this 20
Act. 21
(4) The government sector employment rules may limit a power of 22
delegation or sub-delegation under this section. 23
Division 3 Heads of other Public Service agencies 24
28 Heads of agencies other than Departments 25
(1) The head of a Public Service agency (other than a Department) is the 26
holder of the office specified in Part 2 or 3 of Schedule 1 in relation to 27
the agency concerned. 28
(2) The Secretary of a Department may be specified as the head of any other 29
Public Service agency and the same person may be specified as the head 30
of more than one agency. 31
(3) An administrative arrangements order under Part 7 of the Constitution 32
Act 1902 may amend Schedule 1 to specify or change the head of a 33
Public Service agency (other than a Department). 34
Page 17
Clause 29 Government Sector Employment Bill 2013
Part 4 The Public Service
(4) The office of head of a Public Service agency (other than a Department) 1
is established by this section, unless it is a statutory office created by 2
another provision of this Act or by any other Act. 3
Note. The statutory offices established by another provision of this Act or by any 4
other Act are identified in Part 2 or 3 of Schedule 1. Accordingly, the following 5
provisions of this section do not apply to any such head of an agency. 6
(5) If the description of an office established by this section is omitted or 7
changed by an amendment of Schedule 1, the office is taken to be 8
abolished or its name correspondingly changed by the operation of this 9
section. 10
(6) Appointments to an office of head established by this section are to be 11
made: 12
(a) in the case of a Public Service executive agency related to a 13
Department--by the Secretary of the Department, or 14
(b) in the case of a separate Public Service agency--by the Minister. 15
However, if Schedule 1 provides that some other person exercises the 16
employer functions of the Government of New South Wales in relation 17
to the head, appointments to the office of the head are to be made by that 18
other person. 19
(7) The appointment of a person to an office of head established by this 20
section is to be made by a contract of employment (under Division 4) 21
between that person and the person who makes the appointment. The 22
person so appointed is a Public Service employee who is employed in 23
the Public Service agency concerned. 24
29 Acting appointments as head of agency (other than Department) 25
(1) The person authorised to appoint the head of a Public Service agency 26
(other than a Department) may appoint a Public Service employee to act 27
as the head of the agency if the office of the head is vacant or if the head 28
is unavailable (and no other person has been duly appointed to act as a 29
statutory officer who is the head of that office). 30
(2) A person, while acting as the head of any such Public Service agency, 31
has all the functions of the head. 32
(3) An acting appointment may be terminated, at any time, by the person 33
who made the acting appointment. 34
(4) The regulations may make provision with respect to the conditions of 35
employment of a person acting as the head of any such Public Service 36
agency. 37
Page 18
Government Sector Employment Bill 2013 Clause 30
The Public Service Part 4
30 General responsibility of heads of agencies (other than Departments) 1
(1) The head of a Public Service agency (other than a Department) is 2
responsible to the Minister or Ministers to whom the agency is 3
responsible for the general conduct and management of the functions 4
and activities of the agency in accordance with government sector core 5
values under Part 2. 6
(2) Any action taken in the exercise of a responsibility under this section is 7
not to be inconsistent with the functions conferred by this Act of a 8
Minister administering this Act or the Public Service Commissioner. 9
Note. The head of any such agency is also responsible for workforce diversity 10
under Part 5. 11
31 Employer functions of heads of agencies (other than Departments) 12
(1) The head of a Public Service agency (other than a Department) may, 13
subject to this and any other Act or law, exercise on behalf of the 14
Government of New South Wales the employer functions of the 15
Government in relation to the employees of the agency (other than 16
Public Service senior executives of an agency that is related to a 17
Department). 18
(2) The employer functions of the Government are all the functions of an 19
employer in respect of employees, including (without limitation) the 20
power to employ persons, to assign their roles and to terminate their 21
employment. 22
Note. The Secretary of the relevant Department exercises employer functions 23
in relation to Public Service senior executives of an agency that is related to the 24
Department. 25
Division 6 confers on the Industrial Relations Secretary employer functions 26
relating to the determination of the conditions of employment of, and other 27
industrial matters relating to, Public Service employees. 28
32 Delegation by heads of Public Service agencies (other than 29
Departments) 30
(1) The head of a Public Service agency (other than a Department) may 31
delegate to any employee of the agency or of any other Public Service 32
agency or to a statutory officer: 33
(a) any of the functions of the head under this Act (other than this 34
power of delegation), and 35
(b) any employer functions under any other Act or law that the head 36
exercises on behalf of the Government of New South Wales in 37
relation to Public Service employees. 38
(2) If: 39
(a) a function of the head of an agency is delegated to an employee 40
or officer in accordance with subsection (1), and 41
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Clause 33 Government Sector Employment Bill 2013
Part 4 The Public Service
(b) the instrument of delegation authorises the sub-delegation of the 1
function, 2
then, subject to any conditions to which the delegation is subject, the 3
employee or officer may sub-delegate the function to another employee 4
of the agency or of any other Public Service agency or to a statutory 5
officer. 6
(3) For the purposes of this section, the functions of the head of an agency 7
include any functions delegated to the head of the agency under this 8
Act. 9
(4) The government sector employment rules may limit a power of 10
delegation or sub-delegation under this section. 11
Division 4 Public Service senior executives 12
33 Application of Division 13
(1) This Division applies to the following: 14
(a) the Secretary of a Department, 15
(b) the head of any other Public Service agency if the head is an 16
employee of the agency and not a statutory officer, 17
(c) any other employees of a Public Service agency who are 18
employed in a Public Service senior executive band. 19
(2) For the purposes of this Act, the employees to whom this Division 20
applies are Public Service senior executives. 21
(3) The person who is authorised by this Act to exercise the employer 22
functions of the Government of New South Wales in relation to a Public 23
Service senior executive is referred to in this Division as the employer 24
of the executive. 25
34 Kinds of senior executive employment
(1) Employment as a Public Service senior executive may be any one of the 26
following kinds of employment: 27
(a) ongoing employment, 28
(b) term employment. 29
(2) Ongoing employment is employment that continues until the executive 30
resigns or his or her employment is terminated. 31
(3) Term employment is employment for a specified period or for the 32
duration of a specified task (unless the executive sooner resigns or his 33
or her employment is sooner terminated). 34
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Government Sector Employment Bill 2013 Clause 35
The Public Service Part 4
35 Minister may determine bands in which senior executives to be 1
employed 2
(1) The Minister may from time to time determine the bands in which 3
Public Service senior executives are to be employed (the senior 4
executive bands determination). 5
(2) The senior executive bands determination may deal with matters related 6
to bands. 7
(3) The Minister may amend or repeal the senior executive bands 8
determination by a further determination. 9
(4) Before making, amending or repealing the senior executive bands 10
determination, the Minister is to obtain the advice of the Commissioner. 11
(5) The senior executive bands determination (including any amendment or 12
repeal) is to be published on the NSW legislation website and takes 13
effect on the date it is so published or on any later specified date. 14
36 Government sector employment rules relating to senior executives 15
The government sector employment rules may deal with any matter 16
relating to the employment of Public Service senior executives, 17
including (without limitation) the following matters: 18
(a) work level standards for roles in the bands in which those 19
executives are employed, 20
(b) methods of job evaluation for the roles of those executives, 21
(c) capabilities for the roles of those executives, 22
(d) the assignment of those executives to roles, 23
(e) contracts of employment of those executives and their contents. 24
37 Employment of senior executives in bands 25
(1) A Public Service senior executive is to be employed in a band 26
determined under the senior executive bands determination that the 27
employer of the executive considers appropriate for the role of the 28
executive. 29
(2) In determining the number of Public Service senior executives and the 30
appropriate band in which they are employed, the employer is to apply 31
the applicable work level standards and have regard to any guidance 32
provided by the Commissioner. 33
38 Assignment of senior executives to roles in bands across Public Service 34
(other than heads of agencies) 35
(1) In this section: 36
assign to a role includes assign to a different role. 37
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Clause 39 Government Sector Employment Bill 2013
Part 4 The Public Service
Public Service senior executive does not include the Secretary of a 1
Department or the head of any other Public Service agency. 2
(2) A Public Service senior executive may, from time to time, be assigned 3
to a role in any Public Service agency in the band in which the executive 4
is employed. 5
(3) A Public Service senior executive may be assigned to a role by the 6
employer of the executive or by the Commissioner. 7
(4) Public Service senior executives may be assigned to roles to enable the 8
flexible deployment of staff resources within the Public Service and to 9
develop the capabilities of staff. 10
(5) The Secretary of a Department is not to assign a Public Service senior 11
executive to a role in a Public Service executive agency related to the 12
Department without consulting the head of the agency. 13
(6) The Commissioner is not to assign a Public Service senior executive to 14
a role in a Department or a Public Service executive agency related to a 15
Department without consulting the Secretary of the Department and the 16
head of any such agency. 17
(7) The Commissioner is not to assign a Public Service senior executive to 18
a role in a separate Public Service agency without the agreement of the 19
head of the agency. 20
(8) A Public Service senior executive is not to be assigned to a different role 21
unless the executive has been consulted. The remuneration payable to 22
the executive is not to be reduced because of the assignment to the 23
different role without the consent of the executive. 24
39 Contract of employment of senior executives 25
(1) A Public Service senior executive is to be employed under a written 26
contract of employment signed by the executive and by the employer on 27
behalf of the Government. 28
(2) The government sector employment rules may deal with contracts of 29
employment of Public Service senior executives and their contents. 30
(3) The government sector employment rules may prescribe model 31
contracts of employment and may specify any model provisions that are 32
mandatory and that prevail in the event of any inconsistency with the 33
provisions of a contract of employment. 34
(4) Subject to this Act, the government sector employment rules and any 35
direction issued by the Commissioner under this Act, a contract of 36
employment of a Public Service senior executive is to deal with the 37
following matters: 38
(a) the band in which the executive is employed, 39
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Government Sector Employment Bill 2013 Clause 40
The Public Service Part 4
(b) conditions of engagement (of a kind referred to in section 44), 1
(c) the duration of the contract if the executive is not employed in 2
ongoing employment, 3
(d) the total remuneration package of the executive (comprising 4
monetary remuneration and employment benefits) and any 5
allowances, 6
(e) performance obligations, and reviews of performance, of the 7
executive, 8
(f) progression in the total remuneration package of the executive 9
based on performance, 10
(g) leave and other conditions of employment of the executive, 11
(h) the compensation for any termination of employment of the 12
executive by the employer (including the period to which the 13
compensation relates), 14
(i) any other matter prescribed by the regulations. 15
(5) The contract of employment of a Public Service senior executive does 16
not limit (and is not affected by) the assignment of the executive to a 17
different role or any other change to the title, place of work or duties of 18
the executive. 19
(6) A contract of employment of a Public Service senior executive may, 20
subject to this section, be varied at any time by further agreement. 21
40 Remuneration, benefits and allowances for senior executives 22
(1) The remuneration package of a Public Service senior executive must be 23
within the range determined under the Statutory and Other Offices 24
Remuneration Act 1975 for the band in which the executive is 25
employed. 26
(2) The kinds and value of employment benefits and the allowances for a 27
Public Service senior executive are to be determined in accordance with 28
the regulations and any guidance provided by the Commissioner. 29
(3) A Public Service senior executive is only entitled to the remuneration, 30
employment benefits or allowances provided in the executive's contract 31
of employment. 32
(4) For the purposes of this Division, employment benefits for a Public 33
Service senior executive are: 34
(a) contributions by the executive's employer to a superannuation 35
scheme or fund of the executive, and 36
(b) other benefits provided to the executive at the cost of the 37
executive's employer that are of a private nature. 38
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Clause 41 Government Sector Employment Bill 2013
Part 4 The Public Service
(5) For the purposes of this Division, allowances for a Public Service senior 1
executive are allowances paid in money, other than allowances 2
excluded by the government sector employment rules. 3
41 Termination of employment of senior executives 4
(1) The employer of a Public Service senior executive may terminate the 5
employment of the executive at any time, for any or no stated reason and 6
without notice. 7
(2) A Public Service senior executive whose employment is so terminated 8
is entitled to the compensation provided in the contract of employment 9
of the executive (and to no other compensation or entitlement for the 10
termination of employment). 11
(3) A Public Service senior executive whose employment is so terminated 12
is not to be employed in the public sector during the period specified in 13
the contract of employment to which the compensation relates, unless 14
arrangements have been made for a refund of the proportionate amount 15
of the compensation. 16
(4) The employment of the head of a Public Service agency that is related 17
to a Department may not be terminated under this section by the 18
Secretary of the Department unless the Secretary has consulted the 19
Commissioner. 20
(5) In this section: 21
employment of a former executive in the public sector includes: 22
(a) engagement of the former executive as a consultant or contractor 23
to the employer, and 24
(b) engagement of the former executive through a labour hire 25
arrangement with the employer, and 26
(c) engagement of a company or partnership that provides the 27
services of the former executive to the employer. 28
public sector means the government sector, the service of a State owned 29
corporation (or a subsidiary), any service excluded by section 5 or a 30
statutory office. 31
Division 5 Public Service employees (other than senior 32
executives) 33
42 Application of Division 34
(1) This Division applies to Public Service employees other than 35
Secretaries of Departments, heads of other Public Service agencies and 36
other Public Service senior executives. 37
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Government Sector Employment Bill 2013 Clause 43
The Public Service Part 4
(2) The employees to whom this Division applies are referred to in this 1
Division as Public Service non-executive employees. 2
43 Kinds of employment 3
(1) Employment as a Public Service non-executive employee may be any 4
one of the following kinds of employment: 5
(a) ongoing employment, 6
(b) temporary employment, 7
(c) casual employment. 8
(2) Ongoing employment is employment that continues until the employee 9
resigns or his or her employment is terminated. 10
(3) Temporary employment is employment for a temporary purpose. 11
(4) Casual employment is employment to carry out irregular, intermittent, 12
short-term, urgent or other work as and when required. 13
(5) An employee who is employed to assist a specified judicial officer (or 14
other specified officer of a kind prescribed by the regulations) may be 15
employed on the basis that the person's employment may be terminated 16
when the officer ceases to hold office. 17
44 Conditions of engagement 18
(1) The engagement of a Public Service non-executive employee may be 19
made subject to conditions notified to the employee on his or her 20
engagement. 21
(2) The conditions may include (without limitation) conditions dealing 22
with any of the following matters: 23
(a) probation, 24
(b) citizenship or residency requirements, 25
(c) formal qualifications, 26
(d) security and other clearances, 27
(e) health clearances. 28
(3) The imposition of conditions is subject to the government sector 29
employment rules. 30
45 Employment in classifications of work 31
(1) Public Service non-executive employees are to be employed in a 32
classification of work determined by the head of the Public Service 33
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Clause 46 Government Sector Employment Bill 2013
Part 4 The Public Service
agency in which the person is employed in accordance with this Act and 1
any other Act or law. 2
Note. See Division 6 in relation to classifications determined under industrial 3
instruments. 4
(2) A classification of work extends to any kind of work and any grade of 5
that work. 6
46 Assignment of roles in work classifications 7
(1) In this section: 8
assign to a role includes assign to a different role. 9
(2) The head of a Public Service agency may from time to time assign 10
Public Service non-executive employees of the agency to roles in the 11
agency in the classification of work in which the employees are 12
employed. 13
(3) Public Service non-executive employees may be assigned to roles to 14
enable the flexible deployment of staff resources within the agency and 15
to develop the capabilities of staff. 16
(4) A Public Service non-executive employee is not to be assigned to a 17
different role unless the employee has been consulted. The 18
remuneration payable to the employee is not to be reduced because of 19
the assignment to the different role without the consent of the employee. 20
47 Termination of employment 21
(1) The head of a Public Service agency may, by instrument in writing, 22
terminate the employment of a Public Service non-executive employee 23
of the agency on any of the following grounds if the employment is 24
ongoing employment: 25
(a) the employee has failed to meet a condition of engagement as an 26
employee imposed under section 44, 27
(b) the employee lacks, or has lost, an essential qualification for 28
performing the duties of the role assigned to the employee, 29
(c) the performance of the employee is determined under section 68 30
to be unsatisfactory, 31
(d) the employee is unable to perform the duties of the role assigned 32
to the employee because of physical or mental incapacity, 33
(e) the employee is retired on medical grounds under section 56, 34
(f) the employee has refused to perform duties to which the 35
employee has been duly assigned, 36
(g) the employee has abandoned his or her employment, 37
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Government Sector Employment Bill 2013 Clause 48
The Public Service Part 4
(h) a finding of misconduct has been made against the employee 1
under section 69, 2
(i) a finding has been made under section 69 that the employee has 3
been convicted of a serious offence, 4
(j) the employee is determined in accordance with the regulations 5
and the government sector employment rules to be excess to the 6
requirements of the relevant part of the agency in which he or she 7
is employed, 8
(k) on any other ground prescribed by the regulations. 9
The instrument is to set out the ground or grounds on which the 10
employment is terminated. 11
(2) The head of a Public Service agency may, by instrument in writing, 12
terminate the employment of a Public Service non-executive employee 13
of the agency at any time if the employment is not ongoing 14
employment. 15
48 Matters that government sector employment rules may deal with 16
The government sector employment rules may deal with any matter 17
relating to the employment of Public Service non-executive employees, 18
including (without limitation) the following matters: 19
(a) the recruitment of any such employees (including the recruitment 20
process and the application of the principle of employment on 21
merit), 22
(b) the circumstances in which any such employees may be 23
employed in particular kinds of employment, 24
(c) the conditions of engagement of any such employees, 25
(d) work level standards for roles in classifications of work in which 26
any such employees are employed, 27
(e) methods of job evaluation for the roles of any such employees, 28
(f) capabilities for the roles of any such employees, 29
(g) the assigning of any such employees to roles, 30
(h) acting of any such employees in another classification of work or 31
in a Public Service senior executive role, 32
(i) the termination of employment of any such employees, 33
(j) dealing with any such employees who are excess employees. 34
Page 27
Clause 49 Government Sector Employment Bill 2013
Part 4 The Public Service
Division 6 Industrial relations employer functions 1
49 Interpretation and application: Division 6 2
(1) In this Division: 3
conditions of employment and industrial matters have the same 4
meanings they have in the Industrial Relations Act 1996. 5
Industrial Relations Secretary means the Secretary of the Treasury. 6
Note. An administrative arrangements order may be made under Part 7 of the 7
Constitution Act 1902 to change the reference to the Secretary of the Treasury 8
having regard to future administrative changes in the allocation of Ministerial 9
and departmental responsibilities. 10
(2) This Division does not apply to the conditions of employment of the 11
Secretary of a Department or a Public Service senior executive. This 12
subsection does not prevent particular conditions of employment under 13
this Division from being adopted by reference in the contract of 14
employment of the Secretary or executive. 15
50 Role of Industrial Relations Secretary in industrial proceedings 16
The Industrial Relations Secretary is, for the purposes of any 17
proceedings relating to Public Service employees held before a 18
competent tribunal having jurisdiction to deal with industrial matters, 19
taken to be the employer of Public Service employees. 20
51 Industrial Relations Secretary may enter into agreements 21
(1) The Industrial Relations Secretary may enter into an agreement with 22
any association or organisation representing a group of Public Service 23
employees with respect to industrial matters. 24
(2) Any such agreement binds all Public Service employees in the group 25
affected by the agreement, and no such employee (whether a member of 26
the association or organisation with which the agreement was entered 27
into or not) has any right of appeal against the terms of the agreement. 28
(3) An agreement under this section is not an enterprise agreement within 29
the meaning of the Industrial Relations Act 1996. However, the 30
Industrial Relations Secretary (or any delegate of the Industrial 31
Relations Secretary) may enter into such an enterprise agreement as the 32
employer of the employees concerned. 33
52 Industrial Relations Secretary may determine employment conditions 34
not otherwise lawfully determined 35
(1) The Industrial Relations Secretary may from time to time make 36
determinations fixing conditions of employment of Public Service 37
employees (or any group of them). 38
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Government Sector Employment Bill 2013 Clause 53
The Public Service Part 4
(2) Conditions of employment that are so determined apply to Public 1
Service employees unless inconsistent with this Act, State industrial 2
instruments or any other law. 3
(3) This section does not prevent the head of a Public Service agency from 4
determining conditions of employment of employees of the agency for 5
the purposes of the day to day management of the agency in matters not 6
regulated by State industrial instruments and determinations under this 7
section. 8
(4) For the purposes of the recovery of any amount owing under a 9
determination under this section, the determination is taken to be a State 10
industrial instrument. 11
53 Industrial relations provisions 12
(1) The Industrial Relations Secretary is not subject to the control and 13
direction of any Minister: 14
(a) in determining conditions of employment under this Division, or 15
(b) in dealing with a dispute relating to an industrial matter 16
concerning Public Service employees. 17
(2) The Industrial Relations Secretary may delegate any of his or her 18
functions under this Division (other than this power of delegation) to the 19
head of a Public Service agency or any Public Service employee or to a 20
statutory officer. 21
(3) The Industrial Relations Secretary has the following functions: 22
(a) advising the Government on appropriate strategies and policies 23
regarding employment conditions and industrial relations in the 24
government sector, 25
(b) monitoring the implementation of Government strategies and 26
policies on employment conditions and industrial relations in the 27
government sector and assisting with the implementation of those 28
strategies and policies. 29
The Industrial Relations Secretary must consult with the Public Service 30
Commissioner before exercising any function under this subsection. 31
(4) The head of a Public Service agency is to notify the Industrial Relations 32
Secretary of such industrial matters affecting the agency as the 33
Industrial Relations Secretary specifies in a notice given to the head of 34
the agency. 35
(5) A Public Service employee who is authorised by the Industrial 36
Relations Secretary for the purposes of this subsection may: 37
(a) enter the premises of any Public Service agency, and 38
Page 29
Clause 54 Government Sector Employment Bill 2013
Part 4 The Public Service
(b) require the production of and examine any documents in the 1
custody of any Public Service employee, and 2
(c) require any Public Service employee to answer questions, 3
for the purposes of enabling the Industrial Relations Secretary to 4
exercise his or her functions under this Division. 5
Division 7 Additional Public Service employment provisions 6
54 Entitlement to extended and other leave 7
Public Service employees have the entitlements to extended and other 8
leave prescribed by the regulations. 9
55 Resignation 10
A Public Service employee may resign his or her employment by 11
written notice to the person who exercises employer functions in 12
relation to the employee. 13
56 Retirement on medical grounds 14
The head of a Public Service agency may retire a person who is an 15
employee of the agency if: 16
(a) the person is found to be unfit to perform or incapable of 17
performing the duties of the person's employment, and 18
(b) the person's unfitness or incapacity: 19
(i) appears likely to be of a permanent nature, and 20
(ii) has not arisen from actual misconduct on the part of the 21
person, or from causes within the person's control. 22
57 Crown's dispensation with services 23
(1) The right or power of the Crown to dispense with the services of any 24
Public Service employee, as it existed immediately before the 25
commencement of this section, is not abrogated or restricted by any of 26
the provisions of this Act. 27
(2) A Public Service employee is not, except as provided by this or any 28
other Act, entitled to any compensation as a result of the person's 29
services being dispensed with. 30
58 Industrial or legal proceedings excluded 31
(1) In this section, executive employee means the Secretary of a 32
Department or other Public Service senior executive, and 33
non-executive employee means a Public Service employee other than 34
an executive employee. 35
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Government Sector Employment Bill 2013 Clause 58
The Public Service Part 4
(2) In this section, a reference to the employment of an executive employee 1
is a reference to: 2
(a) the engagement of, or failure to engage, a person as an executive 3
employee, or 4
(b) the assignment or re-assignment of the executive employee to a 5
role in a band, or 6
(c) the removal, retirement, termination of employment or other 7
cessation of employment of an executive employee, or 8
(d) any disciplinary proceedings or action taken against an executive 9
employee, or 10
(e) the remuneration or other conditions of employment of an 11
executive employee. 12
(3) The employment of an executive employee, or any matter, question or 13
dispute relating to any such employment, is not an industrial matter for 14
the purposes of the Industrial Relations Act 1996. 15
(4) Parts 6, 7 and 9 of Chapter 2 of the Industrial Relations Act 1996 do not 16
apply to or in respect of the employment of an executive employee. 17
(5) Any State industrial instrument (whether made before or after the 18
commencement of this section) does not have effect in so far as it relates 19
to the employment of executive employees. This subsection does not 20
prevent the regulations or other statutory instruments or any contract of 21
employment from applying the provisions of any such industrial 22
instrument to the employment of an executive employee. 23
(6) The engagement of, or the failure to engage, a person as a non-executive 24
employee, or any matter, question or dispute relating to any such 25
engagement (or failure to engage), is not an industrial matter for the 26
purposes of the Industrial Relations Act 1996. 27
(7) No proceedings for an order in the nature of prohibition, certiorari or 28
mandamus or for a declaration or injunction or for any other relief, lie 29
in respect of a matter that is declared by this section not to be an 30
industrial matter for the purposes of the Industrial Relations Act 1996. 31
(8) Nothing in this section prevents any of the following proceedings from 32
being brought by an employee of a Public Service agency in relation to 33
the employment of another employee of any Public Service agency: 34
(a) proceedings under Part 9 of the Anti-Discrimination Act 1977 in 35
relation to a complaint under that Part, 36
(b) proceedings under section 213 of the Industrial Relations Act 37
1996 to enforce the provisions of section 210 (Freedom from 38
victimisation) of that Act. 39
Page 31
Clause 59 Government Sector Employment Bill 2013
Part 4 The Public Service
59 How references to employees etc of statutory body to be construed in 1
other Acts, instruments and contracts 2
(1) In any other Act, in any statutory or other instrument, or in any contract 3
or agreement (whether enacted, made or executed before or after the 4
commencement of this section): 5
(a) a reference to an officer or employee, or a member of staff, of a 6
statutory body is to be read as including a reference: 7
(i) to a Public Service employee who is employed to enable 8
the statutory body to exercise its functions, and 9
(ii) to any other person whose services the statutory body 10
makes use of (whether by way of secondment or 11
otherwise), and 12
(b) a reference to a statutory body in its capacity as an employer of 13
persons is, to the extent that the persons concerned comprise 14
persons employed in the Public Service to enable the statutory 15
body to exercise its functions, to be read as including a reference 16
to the Government of New South Wales or, as the case requires, 17
to the head of the Public Service agency in which the persons are 18
employed. 19
(2) This section is subject to the regulations. 20
60 Employer costs for Public Service staff of statutory bodies 21
(1) The Minister or the Treasurer may give directions to a statutory body 22
requiring the payment by the statutory body, on behalf of the 23
Government of New South Wales, of the remuneration and other 24
employment-related costs (such as superannuation, workers 25
compensation and public liability insurance) in respect of those Public 26
Service employees who are employed to enable the statutory body to 27
exercise its functions. 28
(2) If a fund is established under any Act in connection with a statutory 29
body and the provisions of that Act authorise the payment of amounts 30
from the fund in connection with the employment of persons, the 31
statutory body is authorised to apply the fund for the purposes of any 32
payment required to be made by the body under subsection (1). 33
61 Civil liability with respect to staff of statutory bodies 34
If: 35
(a) a person is employed in the Public Service to enable a statutory 36
body to exercise its functions, and 37
(b) the Government of New South Wales is, as the person's 38
employer, proceeded against for any negligence or other tort of 39
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Government Sector Employment Bill 2013 Clause 62
The Public Service Part 4
the person (whether the damages are recoverable in an action for 1
tort or breach of contract or in any other action), and 2
(c) the statutory body is entitled under a policy of insurance or 3
indemnity to be indemnified in respect of liability that the body 4
may incur in respect of that negligence or other tort, 5
the Government is subrogated to the rights of the statutory body under 6
that policy in respect of the liability incurred by the Government arising 7
from that negligence or other tort. 8
62 Operation of privacy legislation 9
A group of Public Service employees employed to enable a statutory 10
body to exercise its functions is, for the purposes of the Privacy and 11
Personal Information Protection Act 1998 and the Health Records and 12
Information Privacy Act 2002, taken to be part of the statutory body. 13
Page 33
Clause 63 Government Sector Employment Bill 2013
Part 5 Government sector employees
Part 5 Government sector employees 1
63 Workforce diversity 2
(1) In this section: 3
government sector agency includes the service of a State owned 4
corporation, and any university or other service or agency prescribed by 5
the regulations. 6
workforce diversity includes (but is not limited to) diversity of the 7
workforce in respect of gender, cultural and linguistic background, 8
Aboriginal people and people with a disability. 9
(2) The head of a government sector agency is responsible for workforce 10
diversity within the agency and for ensuring that workforce diversity is 11
integrated into workforce planning in the agency. 12
(3) The government sector employment rules may deal with workforce 13
diversity in any government sector agency. The head of the agency is to 14
ensure that any obligations of the agency under those rules are complied 15
with. 16
(4) The Commissioner is to include in annual or other reports under Part 3 17
periodic reports on workforce diversity across government sector 18
agencies. 19
(5) The obligations of those rules prevail over any inconsistent obligations 20
under the Anti-Discrimination Act 1977. 21
64 Employee transfers and secondments 22
(1) The government sector employment rules may deal with the transfer of 23
employees between government sector agencies by way of secondment 24
or permanent transfers of employees (whether or not at the request of 25
the employees). 26
Note. See also Part 4 with respect to assignment of Public Service senior 27
executives to roles. 28
(2) Unless a transfer is initiated by the employee, the person who initiates 29
a transfer is required to consult the employee. 30
(3) The remuneration of an employee who is transferred is not to be reduced 31
without the approval of the employee. 32
(4) The government sector employment rules are to set out the 33
circumstances in which employees have the right to have a transfer they 34
have not initiated reviewed. 35
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Government Sector Employment Bill 2013 Clause 65
Government sector employees Part 5
(5) In this section, government sector agency includes: 1
(a) the service of a State owned corporation (or a subsidiary), and 2
(b) any service excluded by section 5 (but only for transfers initiated 3
by the employee). 4
65 Cross-agency employment 5
(1) A person may be employed in 2 or more government sector agencies 6
(whether those agencies are Public Service agencies, other agencies or 7
a combination of Public Service agencies and other agencies). 8
(2) If the person is employed in 2 or more government sector agencies, the 9
heads of those agencies may determine that the person is to be regarded 10
as employed in one of those agencies for the purposes of all or any 11
conditions of employment of the person (including for the purposes of 12
provisions of or made under this Act or any other Act relating to the 13
employment of the person). 14
66 Temporary assignments of staff between government sector agencies 15
and other relevant bodies 16
(1) Arrangements may be made under this section under which: 17
(a) a person who is employed in a government sector agency is 18
temporarily assigned to carry out work in or for another 19
government sector agency, or 20
(b) a person who is employed in a government sector agency is 21
temporarily assigned to carry out work in or for a 22
non-government sector body, or 23
(c) a person who is employed in or by a non-government sector body 24
is temporarily assigned to carry out work in or for a government 25
sector agency. 26
Any such assignment may be on a full-time or part-time basis. 27
(2) An arrangement for a temporary assignment under this section is to be 28
made between the heads of the government sector agencies or between 29
the head of the government sector agency and the person responsible for 30
the employment of persons in or by the non-government sector body. 31
(3) A person employed in or by a non-government sector body (other than 32
a local council or State owned corporation) is not to be temporarily 33
assigned under this section to carry out work in or for a government 34
sector agency unless: 35
(a) the head of the agency is satisfied that the temporary assignment 36
is justified because of the special skills of the person or the 37
special circumstances of the case, and 38
Page 35
Clause 67 Government Sector Employment Bill 2013
Part 5 Government sector employees
(b) the period of any one assignment does not exceed 2 years. 1
(4) The government sector employment rules may deal with temporary 2
assignments under this section. 3
(5) A person's employment in a government sector agency (including the 4
continuity of that employment) is not affected by the temporary 5
assignment of the person under this section. 6
(6) In this section: 7
non-government sector body means any of the following: 8
(a) a local council, 9
(b) a State owned corporation, 10
(c) a private sector entity (including a not-for-profit sector entity), 11
(d) a public authority or government agency of the Commonwealth 12
or of another State or Territory, 13
(e) a political office holder under the Members of Parliament Staff 14
Act 2013 (except in relation to an assignment to carry out work in 15
or for a government sector agency), 16
(f) a university. 17
67 Performance management systems 18
(1) The head of a government sector agency is responsible for developing 19
and implementing a performance management system with respect to 20
employees of the agency. 21
(2) The government sector employment rules may deal with the core 22
requirements of any such performance management system. 23
68 Unsatisfactory performance of government sector employees 24
(1) The government sector employment rules may deal with the procedural 25
requirements for dealing with unsatisfactory performance (consistently 26
with procedural fairness). 27
(2) If the performance of an employee of a government sector agency is 28
determined to be unsatisfactory in accordance with those rules, the head 29
of the agency may (without limitation on relevant action) take any of the 30
following actions: 31
(a) terminate the employment of the employee (after giving the 32
employee an opportunity to resign), 33
(b) reduce the remuneration payable to the employee, 34
(c) reduce the classification or grade of the employee, 35
(d) assign the employee to a different role. 36
Page 36
Government Sector Employment Bill 2013 Clause 69
Government sector employees Part 5
69 Misconduct--Public Service and other prescribed government sector 1
employees 2
(1) In this section: 3
government sector agency means: 4
(a) a Public Service agency, and 5
(b) any other government sector agency prescribed by the 6
regulations for the purposes of this section. 7
misconduct extends to the following: 8
(a) a contravention of this Act or an instrument made under this Act, 9
(b) taking any detrimental action (within the meaning of the Public 10
Interest Disclosures Act 1994) against a person that is 11
substantially in reprisal for the person making a public interest 12
disclosure within the meaning of that Act, 13
(c) taking any action against another employee of a government 14
sector agency that is substantially in reprisal for a disclosure 15
made by that employee of the alleged misconduct of the 16
employee taking that action. 17
The subject matter of any misconduct by an employee may relate to an 18
incident or conduct that happened while the employee was not on duty 19
or before his or her employment. 20
serious offence means an offence punishable by imprisonment for 21
12 months or more. 22
(2) The head of a government sector agency is responsible for dealing with 23
any misconduct by employees of the agency (or any conviction for a 24
serious offence by any such employee) in accordance with this section. 25
(3) The government sector employment rules may deal with the following: 26
(a) misconduct by employees of government sector agencies or the 27
conviction of any such employees for a serious offence, 28
(b) the procedural requirements for dealing with allegations of 29
misconduct by employees of government sector agencies 30
(consistently with procedural fairness). 31
(4) If, in accordance with those rules, there is a finding of misconduct by an 32
employee of a government sector agency or any such employee is found 33
to have been convicted of a serious offence, the head of the agency may 34
take any of the following actions: 35
(a) terminate the employment of the employee (without giving the 36
employee an opportunity to resign), 37
(b) terminate the employment of the employee (after giving the 38
employee an opportunity to resign), 39
Page 37
Clause 70 Government Sector Employment Bill 2013
Part 5 Government sector employees
(c) impose a fine on the employee (which may be deducted from the 1
remuneration payable to the employee), 2
(d) reduce the remuneration payable to the employee, 3
(e) reduce the classification or grade of the employee, 4
(f) assign the employee to a different role, 5
(g) caution or reprimand the employee. 6
(5) Proceedings and actions under this section may be taken or continued 7
despite the employee resigning or otherwise ceasing to be an employee 8
of the agency concerned. Any such action may be expressed to be a 9
termination of employment even if the person has ceased to be an 10
employee. 11
(6) This section does not apply to any employees of a government sector 12
agency who are excluded by the regulations. 13
Note. See section 82 (2) for inquiries into conduct of heads of agencies. 14
70 Suspension of employees from duty pending decision in relation to 15
misconduct, criminal charge or corrupt conduct 16
(1) In this section: 17
government sector agency means: 18
(a) a Public Service agency, and 19
(b) any other government sector agency prescribed by the 20
regulations for the purposes of this section. 21
(2) If: 22
(a) an allegation of misconduct by an employee of a government 23
sector agency is being dealt with by the head of the agency, or 24
(b) an employee of a government sector agency is charged with a 25
serious offence referred to in section 69, 26
the head of the agency may suspend the employee from duty until the 27
allegation of misconduct or the criminal charge has been dealt with and 28
any subsequent action has been taken by the head of the agency. 29
(3) If the Independent Commission Against Corruption: 30
(a) has made a corrupt conduct finding against an employee of a 31
government sector agency of a kind referred to in section 114A 32
of the Independent Commission Against Corruption Act 1988, or 33
(b) is conducting an investigation into the conduct of any such 34
employee that may lead to such a finding, 35
the head of the agency may suspend the employee from duty until the 36
completion of any such investigation and, in the case of any such 37
Page 38
Government Sector Employment Bill 2013 Clause 71
Government sector employees Part 5
finding, until any subsequent action has been taken by the head of the 1
agency. 2
(4) The head of the agency may direct that any remuneration payable to an 3
employee while the employee is suspended from duty under this section 4
is to be withheld. 5
(5) If: 6
(a) the head of the agency takes action against the employee for the 7
misconduct or the corrupt conduct finding, or 8
(b) the employee is convicted of the offence concerned, 9
any remuneration so withheld is forfeited to the State unless the head of 10
the agency otherwise directs or that remuneration was due to the 11
employee in respect of a period before the suspension was imposed. 12
(6) The head of the agency may at any time remove a suspension under this 13
section. 14
71 Employees contesting State elections 15
(1) If a person who is employed in any government sector agency is 16
nominated for election to the Legislative Assembly or Legislative 17
Council, the person is to be granted leave of absence until the day on 18
which the result of the election is declared. 19
(2) If the person is elected, the person is required to resign from the 20
government sector agency concerned. 21
(3) Unless the person is entitled to leave with pay (and duly applies for that 22
leave), any leave of absence under this section is to be leave without 23
pay. 24
(4) In this section: 25
government sector agency includes the service of a State owned 26
corporation (or a subsidiary) or any service excluded by section 5. 27
72 Re-employment of employees resigning to contest Commonwealth 28
elections 29
(1) If a person who is employed in any government sector agency: 30
(a) resigns in writing from the government sector agency and the 31
resignation takes effect not earlier than 3 months before polling 32
day at an election of a member or members of either House of 33
Parliament of the Commonwealth and before the day fixed for 34
nominations for the election, and 35
(b) includes in the resignation notice of the person's intention to 36
become a candidate at that election, and 37
(c) becomes a candidate at that election, and 38
Page 39
Clause 73 Government Sector Employment Bill 2013
Part 5 Government sector employees
(d) fails to be elected at that election, and 1
(e) makes written application for re-employment in the government 2
sector agency concerned within 2 months after the declaration of 3
the result of that election, 4
the person is entitled to be re-employed in the government sector 5
agency not lower in remuneration than the current remuneration for the 6
employment of the person at the date of the person's resignation (or a 7
similar employment). 8
(2) A person, on being re-employed under this section, is taken: 9
(a) to have never resigned from the government sector agency 10
concerned, and 11
(b) to have been on leave without pay during the period between 12
resignation and re-employment. 13
(3) In this section: 14
government sector agency includes the service of a State owned 15
corporation (or a subsidiary) or any service excluded by section 5. 16
73 Appointment to position in government sector not affected by additional 17
appointment 18
(1) The doctrine of incompatibility of office: 19
(a) does not operate to prevent the holder of a position in any 20
government sector agency (the original position) from being 21
appointed to another position in that or any other government 22
sector agency (the additional position), and 23
(b) does not operate to effect or require the holder of the original 24
position to surrender or vacate that position as a result of the 25
appointment to the additional position. 26
(2) This section: 27
(a) applies even if the original position or the additional position is 28
held on an acting or temporary basis, and 29
(b) extends to an appointment made before the commencement of 30
this section (and applies to such an appointment as if this section 31
had been in force when the appointment was made). 32
74 Excess employees--jurisdiction of Industrial Relations Commission 33
(1) In this section: 34
excess employee means an employee of a government sector agency 35
who is determined by the head of the agency to be excess to the 36
requirements of the relevant part of the agency in which the employee 37
Page 40
Government Sector Employment Bill 2013 Clause 74
Government sector employees Part 5
is employed, and includes an employee of a government sector agency 1
who has been notified by the head of the agency: 2
(a) that his or her role, position or work in the agency has been 3
abolished or terminated, and 4
(b) that he or she is an excess or displaced employee. 5
Any such person does not cease to be an excess employee merely 6
because the person is engaged (on a temporary basis) to carry out other 7
work in the same or any other government sector agency. 8
termination of the employment of a person includes dispensing with the 9
services of the person. 10
(2) Division 2 of Part 9 of Chapter 2 of the Industrial Relations Act 1996 11
does not apply to contracts of employment of employees of any 12
government sector agency that are alleged to be unfair for any reason 13
relating to excess employees, including the following: 14
(a) when and how employees become excess employees, 15
(b) the entitlements of excess employees (including with respect to 16
redeployment, employment retention, salary maintenance and 17
voluntary or other redundancy payments), 18
(c) the termination of the employment of excess employees. 19
Page 41
Clause 75 Government Sector Employment Bill 2013
Part 6 Removal of statutory officers
Part 6 Removal of statutory officers 1
75 Statutory officers to whom Part applies 2
(1) This Part applies to: 3
(a) a person appointed by the Governor or a Minister to a statutory 4
office where the Act concerned provides that the holder of the 5
office holds it for a term specified in the Act, in the instrument of 6
appointment or in another instrument, and 7
(b) a director or chief executive officer of a statutory State owned 8
corporation. 9
(2) This Part applies whether the person holds office on a full-time or 10
part-time basis. 11
(3) This Part does not apply to a person merely because an Act provides that 12
the person ceases to hold office on reaching a particular age. 13
76 Statutory officers to whom Part does not apply 14
This Part does not apply to a person in the person's capacity as: 15
(a) the Governor, the Lieutenant-Governor or other officer 16
administering the Government, or 17
(b) a member of the Executive Council, a Minister of the Crown, a 18
member of either House of Parliament or the holder of any other 19
political office, or 20
(c) the holder of a judicial office, or 21
(d) the Parliamentary Remuneration Tribunal, or 22
(e) a member of the NSW Police Force, or 23
(f) the Secretary of a Department or other Public Service senior 24
executive, or 25
(g) the holder of an office under an Act that provides that the holder 26
may or must be removed from office following an address, 27
declaration, resolution or other involvement of either or both of 28
the Houses of Parliament, or 29
(h) the Crown Advocate, or 30
(i) an Assistant Commissioner for the Independent Commission 31
Against Corruption or any other officer of the Commission, or 32
(j) the Public Service Commissioner. 33
77 Removal from office of statutory officers to whom Part applies 34
(1) The Governor may remove a person to whom this Part applies from 35
office at any time for any or no stated reason and without notice. 36
Page 42
Government Sector Employment Bill 2013 Clause 78
Removal of statutory officers Part 6
(2) This section does not prevent any such person from being removed from 1
office apart from this Act. 2
78 Compensation for office holder following removal 3
(1) This section applies to a person who is removed from an office under 4
this Part, but does not apply to a person who held the office concerned 5
on a part-time basis. 6
(2) A person to whom this section applies is entitled to such compensation 7
(if any) for loss of remuneration as the Statutory and Other Offices 8
Remuneration Tribunal determines. 9
(3) The maximum compensation payable is an amount equal to the person's 10
gross remuneration for: 11
(a) the period of 38 weeks, or 12
(b) the period starting from the person's removal from office and 13
ending when the person's term of office would have expired, 14
at the rate at which it was payable immediately before the person's 15
removal from office. 16
(4) If more than one such period is applicable, the maximum compensation 17
is to be calculated by reference to the shorter or shortest period. 18
(5) The person is not entitled to any other compensation for the removal 19
from office or to any other remuneration in respect of the office for any 20
period afterwards. 21
(6) If the Statutory and Other Offices Remuneration Tribunal determines 22
that compensation is payable under this section, it must, in its 23
determination, specify the period to which the compensation for loss of 24
remuneration relates. 25
(7) The person is not to be employed in the public sector during the period 26
so specified, unless arrangements have been made for a refund of the 27
proportionate amount of the compensation. 28
(8) In this section: 29
employment of a person in the public sector includes: 30
(a) engagement of the person as a consultant or contractor to the 31
employer, and 32
(b) engagement of the person through a labour hire arrangement with 33
the employer, and 34
(c) engagement of a company or partnership that provides the 35
services of the person to the employer. 36
Page 43
Clause 79 Government Sector Employment Bill 2013
Part 6 Removal of statutory officers
public sector means the government sector, the service of a State owned 1
corporation (or a subsidiary), any service excluded by section 5 or a 2
statutory office. 3
79 Operation of this Part 4
(1) This Part prevails over any inconsistent provision of any other Act or 5
law or of the terms of appointment of or contract with a person. 6
(2) Parts 6 and 9 of Chapter 2 of the Industrial Relations Act 1996 do not 7
apply to or in respect of the removal of a person from office under this 8
Part. 9
(3) This Part applies to a person appointed to a statutory office even though 10
the Act concerned excludes the application of this Act, unless it 11
expressly excludes the application of this Part. 12
(4) This Part applies to persons holding office at the commencement of this 13
Part, as well as to persons appointed to an office afterwards. 14
Page 44
Government Sector Employment Bill 2013 Clause 80
Miscellaneous Part 7
Part 7 Miscellaneous 1
80 Act to bind Crown 2
This Act binds the Crown in right of New South Wales and, in so far as 3
the legislative power of the Parliament of New South Wales permits, the 4
Crown in all its other capacities. 5
81 Delegation by Minister 6
(1) The Minister may delegate to any authorised person any of the 7
Minister's functions under this Act, other than this power of delegation. 8
(2) In this section: 9
authorised person means the holder of a statutory office, a person 10
employed in the government sector or a person authorised by the 11
regulations. 12
82 Special Ministerial inquiries 13
(1) The Minister may, in the case of any matter relating to a government 14
sector agency or a NSW government agency, direct such person as the 15
Minister specifies in the direction to conduct a special inquiry into the 16
matter. 17
(2) A special inquiry may (without limitation) be conducted under this 18
section into a matter involving the conduct or performance of the head 19
of a government sector agency or a Public Service senior executive 20
(whether or not the person has ceased to be such an agency head or 21
executive). 22
(3) A person conducting a special inquiry may enter the premises of any 23
government sector agency or NSW government agency in connection 24
with the inquiry. 25
(4) A person conducting a special inquiry has, for the purposes of the 26
inquiry, the functions, protections and immunities conferred on a 27
commissioner by Division 1 of Part 2 of the Royal Commissions Act 28
1923. If 2 or more persons are conducting a special inquiry, the person 29
appointed to preside at the inquiry has, for the purposes of the inquiry, 30
the functions conferred on the chairperson of a commission by the 31
Royal Commissions Act 1923. 32
(5) The provisions of the Royal Commissions Act 1923 (except section 13 33
and Division 2 of Part 2) apply, with necessary modifications: 34
(a) to a special inquiry, and 35
(b) to any witness or person summoned by or appearing before the 36
inquiry or providing material to the inquiry. 37
Page 45
Clause 83 Government Sector Employment Bill 2013
Part 7 Miscellaneous
(6) If the person conducting a special inquiry agrees, an agent (including an 1
Australian legal practitioner) may represent a person, government 2
sector agency or other agency at the inquiry. 3
(7) The person conducting a special inquiry is not bound by the rules of 4
evidence and may be informed on any matter in issue at the inquiry in 5
such manner as the person considers appropriate. 6
(8) The person conducting a special inquiry may, in respect of a matter not 7
dealt with by or under this Act, give directions as to the procedure to be 8
followed at or in connection with the inquiry. 9
(9) The person conducting a special inquiry must: 10
(a) within such period as the Minister requires, prepare a report on 11
the conduct and findings, and any recommendations, of the 12
inquiry, and 13
(b) immediately after preparing the report, provide the Minister with 14
a copy of the report. 15
(10) The Minister must cause a copy of the report, together with information 16
as to any action taken or proposed to be taken in relation to the subject 17
of the report, to be laid before each House of Parliament within 18
30 sitting days of that House after the day on which the Minister was 19
provided with a copy of the report. 20
83 Inquiries by Public Service Commissioner or DPC Secretary into 21
government sector agencies 22
(1) In this section: 23
DPC Secretary means the Secretary of the Department of Premier and 24
Cabinet. 25
(2) The Commissioner or DPC Secretary, or a person authorised by the 26
Commissioner or DPC Secretary, may conduct an inquiry into any 27
matter relating to the administration or management of a government 28
sector agency. 29
(3) An inquiry is not to be conducted by or on behalf of the DPC Secretary 30
into any matter that is the subject of an inquiry by or on behalf of the 31
Commissioner, except with the concurrence of the Commissioner. 32
(4) The Commissioner or DPC Secretary, or a person authorised by the 33
Commissioner or DPC Secretary, may, for the purposes of conducting 34
an inquiry under this section: 35
(a) enter and inspect the premises of a government sector agency, 36
and 37
(b) require the production of, and take copies of, any documents in 38
the custody of an employee of the government sector agency, and 39
Page 46
Government Sector Employment Bill 2013 Clause 84
Miscellaneous Part 7
(c) for the purposes of further examination, take possession of, and 1
remove, any of those documents, and 2
(d) require an employee of the government sector agency to answer 3
questions, and 4
(e) require an employee of the government sector agency to provide 5
such assistance and facilities as is or are necessary to enable the 6
Commissioner, Secretary or authorised person to exercise 7
functions under this section. 8
A reference in this subsection to an employee of a government sector 9
agency includes a reference to any person who is engaged by the agency 10
(whether directly or indirectly) under a contract for services. 11
(5) This section does not affect the operation of section 82. 12
(6) The DPC Secretary cannot conduct (or authorise the conduct of) an 13
inquiry under this section into the NSW Police Force. 14
84 Minister's powers to control staff and work of Department not affected 15
The ordinary and necessary departmental authority of a Minister with 16
respect to the control and direction of staff and work is not limited by 17
anything in this Act. 18
85 Operation of industrial relations and superannuation legislation 19
(1) This Act does not affect the operation of the Industrial Relations Act 20
1996. This subsection does not limit section 58 (Industrial or legal 21
proceedings excluded) and section 74 (Excess employees--jurisdiction 22
of Industrial Relations Commission). 23
(2) This Act does not affect the operation of provisions of the 24
Superannuation Act 1916 or any other superannuation legislation 25
relating to retirement and other cessation of employment (and to 26
entitlement to pensions and other benefits) of employees to whom this 27
Act applies. 28
86 Appointment to other statutory offices 29
Nothing in this Act prevents the head of a Public Service agency or 30
other Public Service employee from also being appointed to a statutory 31
office under any Act. 32
87 Proceedings for offences 33
Proceedings for an offence against the regulations may be dealt with 34
summarily before the Local Court. 35
Page 47
Clause 88 Government Sector Employment Bill 2013
Part 7 Miscellaneous
88 Regulations 1
(1) The Governor may make regulations, not inconsistent with this Act, for 2
or with respect to any matter that by this Act is required or permitted to 3
be prescribed or that is necessary or convenient to be prescribed for 4
carrying out or giving effect to this Act. 5
(2) In particular, the regulations may make provision for or with respect to 6
the following: 7
(a) the employment of persons in the government sector (including 8
employment in special cases, leave, redeployment, mobility and 9
termination), 10
(b) any matter that may be dealt with in the government sector 11
employment rules (in which case the regulations prevail to the 12
extent of any inconsistency with those rules). 13
(3) The regulations may preclude an employee of a government sector 14
agency who receives a severance or redundancy payment because of a 15
cessation of employment from being engaged in the public sector 16
(referred to in section 41) during a period after that cessation of 17
employment unless arrangements have been made for a refund of a 18
proportionate amount of the payment. 19
(4) A regulation may create an offence punishable by a penalty not 20
exceeding 10 penalty units. 21
89 Review of Act 22
(1) The Minister is to review this Act to determine whether the policy 23
objectives of the Act remain valid and whether the terms of the Act 24
remain appropriate for securing those objectives. 25
(2) The review is to be undertaken as soon as possible after the period of 26
5 years from the commencement of this Act. 27
(3) A report on the outcome of the review is to be tabled in each House of 28
Parliament within 12 months after the end of the period of 5 years. 29
Page 48
Government Sector Employment Bill 2013
Public Service Agencies Schedule 1
Schedule 1 Public Service Agencies 1
(Section 22) 2
Note. On the enactment of this Act, the names of the various Departments and other agencies 3
were not included in this Schedule. Part 7 of the Constitution Act 1902 enables the Governor, 4
by administrative arrangements order, to include their names in this Schedule and to alter 5
them from time to time. 6
Part 1 Departments 7
Part 2 Executive agencies related to Departments 8
Agency Head of agency Related Department
Part 3 Separate agencies 9
Agency Head of agency
Page 49
Government Sector Employment Bill 2013
Schedule 2 Provisions relating to Public Service Commissioner
Schedule 2 Provisions relating to Public Service 1
Commissioner 2
(Section 9) 3
1 Basis of office of Commissioner 4
(1) The office of Commissioner is a full-time office and the holder of the 5
office is required to hold it on that basis, except to the extent permitted 6
by the Governor. 7
(2) The office of Commissioner is a statutory office under this Act and the 8
holder of the office is not employed in the Public Service. 9
2 Term of office 10
(1) Subject to this Schedule, the Commissioner holds office for such term 11
not exceeding 7 years as may be specified in the instrument of 12
appointment, but is eligible (if otherwise qualified) for re-appointment. 13
(2) A person may not hold the office of Commissioner for terms totalling 14
more than 7 years. 15
3 Remuneration 16
The Commissioner is entitled to be paid: 17
(a) remuneration in accordance with the Statutory and Other Offices 18
Remuneration Act 1975, and 19
(b) such travelling and subsistence allowances as the Premier may 20
from time to time determine. 21
4 Vacancy in office 22
The office of Commissioner becomes vacant if the holder: 23
(a) dies, or 24
(b) completes a term of office and is not re-appointed, or 25
(c) resigns the office by instrument in writing addressed to the 26
Governor, or 27
(d) becomes bankrupt, applies to take the benefit of any law for the 28
relief of bankrupt or insolvent debtors, compounds with his or her 29
creditors or makes an assignment of his or her remuneration for 30
their benefit, or 31
(e) becomes a mentally incapacitated person, or 32
(f) is convicted in New South Wales of an offence that is punishable 33
by imprisonment for 12 months or more or is convicted 34
elsewhere than in New South Wales of an offence that, if 35
Page 50
Government Sector Employment Bill 2013
Provisions relating to Public Service Commissioner Schedule 2
committed in New South Wales, would be an offence so 1
punishable, or 2
(g) is removed from office by the Governor under section 9. 3
5 Filling of vacancy 4
If the office of Commissioner becomes vacant, a person is, subject to 5
this Act, to be appointed to fill the vacancy. 6
6 Appointment of acting Commissioner 7
(1) The Premier may, from time to time, appoint a person to act in the office 8
of the Commissioner during the illness or absence of the Commissioner 9
or during a vacancy in the office of the Commissioner. The person, 10
while so acting, has all the functions of the Commissioner and is taken 11
to be the Commissioner (including as a member of the Public Service 12
Commission Advisory Board). 13
(2) The Premier may, at any time, remove a person from office as acting 14
Commissioner. 15
(3) An acting Commissioner is entitled to be paid such remuneration 16
(including travelling and subsistence allowances) as the Premier may 17
from time to time determine. 18
7 Personal liability of Commissioner 19
A matter or thing done (or omitted to be done) by: 20
(a) the Commissioner, or 21
(b) a person acting under the direction of the Commissioner, 22
does not, if the matter or thing was done (or omitted to be done) in good 23
faith for the purposes of executing this Act (or any other Act that confers 24
functions on the Commissioner), subject the Commissioner or a person 25
so acting personally to any action, liability, claim or demand. 26
Page 51
Government Sector Employment Bill 2013
Schedule 3 Members and procedure of Public Service Commission Advisory Board
Schedule 3 Members and procedure of Public 1
Service Commission Advisory Board 2
(Section 18) 3
Part 1 Preliminary 4
1 Definitions 5
In this Schedule: 6
appointed member means the Chairperson of the Advisory Board or 7
other member of the Advisory Board who is appointed by the Premier. 8
member means an appointed or ex-officio member of the Advisory 9
Board. 10
Part 2 Members 11
2 Terms of office of appointed members 12
(1) Subject to this Schedule and the regulations, an appointed member 13
holds office for the period (not exceeding 3 years) specified in the 14
member's instrument of appointment, but is eligible (if otherwise 15
qualified) for re-appointment. 16
(2) A person may not be an appointed member for consecutive terms 17
totalling more than 6 years unless the Premier determines otherwise. 18
3 Remuneration of appointed members 19
An appointed member is entitled to be paid such remuneration 20
(including travelling and subsistence allowances) as the Premier may 21
from time to time determine in respect of the member. 22
4 Vacancy in office of appointed member 23
(1) The office of an appointed member becomes vacant if the member: 24
(a) dies, or 25
(b) completes a term of office and is not re-appointed, or 26
(c) resigns the office by instrument in writing addressed to the 27
Premier, or 28
(d) is removed from office by the Premier under this clause, or 29
(e) is absent from 3 consecutive meetings of the Advisory Board of 30
which reasonable notice has been given to the member personally 31
or by post, except on leave granted by the Premier or unless the 32
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Members and procedure of Public Service Commission Advisory Board Schedule 3
member is excused by the Premier for having been absent from 1
those meetings, or 2
(f) becomes bankrupt, applies to take the benefit of any law for the 3
relief of bankrupt or insolvent debtors, compounds with his or her 4
creditors or makes an assignment of his or her remuneration for 5
their benefit, or 6
(g) becomes a mentally incapacitated person, or 7
(h) is convicted in New South Wales of an offence that is punishable 8
by imprisonment for 12 months or more or is convicted 9
elsewhere than in New South Wales of an offence that, if 10
committed in New South Wales, would be an offence so 11
punishable. 12
(2) The Premier may remove an appointed member from office at any time. 13
5 Filling of vacancy in office of appointed member 14
If the office of any appointed member becomes vacant, a person is, 15
subject to this Act and the regulations, to be appointed to fill the 16
vacancy. 17
6 Appointed members not prevented from holding other offices 18
If by or under any Act provision is made: 19
(a) requiring a person who is the holder of a specified office to 20
devote the whole of his or her time to the duties of that office, or 21
(b) prohibiting the person from engaging in employment outside the 22
duties of that office, 23
the provision does not operate to disqualify the person from holding that 24
office and also the office of an appointed member or from accepting and 25
retaining any remuneration payable to the person under this Act as an 26
appointed member. 27
7 Appointed member holds statutory office 28
An appointed member holds a statutory office and is not employed in 29
the Public Service. 30
8 Disclosure of pecuniary or other interests 31
(1) If: 32
(a) a member has a direct or indirect pecuniary or other interest in a 33
matter being considered or about to be considered at a meeting of 34
the Advisory Board, and 35
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Schedule 3 Members and procedure of Public Service Commission Advisory Board
(b) the interest appears to raise a conflict with the proper 1
performance of the member's duties in relation to the 2
consideration of the matter, 3
the member must, as soon as possible after the relevant facts have come 4
to the member's knowledge, disclose the nature of the interest at a 5
meeting of the Advisory Board. 6
(2) A disclosure by a member at a meeting of the Advisory Board that the 7
member: 8
(a) is a member, or is in the employment, of a specified company or 9
other body, or 10
(b) is a partner, or is in the employment, of a specified person, or 11
(c) has some other specified interest relating to a specified company 12
or other body or to a specified person, 13
is a sufficient disclosure of the nature of the interest in any matter 14
relating to that company or other body or to that person which may arise 15
after the date of the disclosure and which is required to be disclosed 16
under subclause (1). 17
(3) Particulars of any disclosure made under this clause must be recorded 18
by the Advisory Board and the record must be available at all reasonable 19
hours to inspection by any person. 20
(4) After a member has disclosed the nature of an interest in any matter, the 21
member must not, unless the Premier or the Advisory Board otherwise 22
determines: 23
(a) be present during any deliberation of the Advisory Board with 24
respect to the matter, or 25
(b) take part in any decision of the Advisory Board with respect to 26
the matter. 27
(5) For the purposes of the making of a determination by the Advisory 28
Board under subclause (4), a member who has a direct or indirect 29
pecuniary or other interest in a matter to which the disclosure relates 30
must not: 31
(a) be present during any deliberation of the Advisory Board for the 32
purpose of making the determination, or 33
(b) take part in the making by the Advisory Board of the 34
determination. 35
(6) A contravention of this clause does not invalidate any decision of the 36
Advisory Board. 37
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Members and procedure of Public Service Commission Advisory Board Schedule 3
9 Personal liability of members 1
A matter or thing done (or omitted to be done) by: 2
(a) the Advisory Board, or 3
(b) a person acting under the direction of the Advisory Board, 4
does not, if the matter or thing was done (or omitted to be done) in good 5
faith for the purposes of executing this Act (or any other Act that confers 6
functions on the Advisory Board), subject a member of the Advisory 7
Board or a person so acting personally to any action, liability, claim or 8
demand. 9
Part 3 Procedure 10
10 General procedure 11
The procedure for the calling of meetings of the Advisory Board and for 12
the conduct of business at those meetings is, subject to this Act and the 13
regulations, to be as determined by the Advisory Board. 14
11 Quorum 15
The quorum for a meeting of the Advisory Board is a majority of the 16
members for the time being. 17
12 Presiding member 18
(1) The Chairperson of the Advisory Board (or, in the absence of the 19
Chairperson, a person elected by the members of the Advisory Board 20
who are present at a meeting of the Advisory Board) is to preside at a 21
meeting of the Advisory Board. 22
(2) The presiding member has a deliberative vote and, in the event of an 23
equality of votes, has a second or casting vote. 24
13 Voting 25
A decision supported by a majority of the votes cast at a meeting of the 26
Advisory Board at which a quorum is present is the decision of the 27
Advisory Board. 28
14 Transaction of business outside meetings or by telephone 29
(1) The Advisory Board may, if it thinks fit, transact any of its business by 30
the circulation of papers among all the members of the Advisory Board 31
for the time being, and a resolution in writing approved in writing by a 32
majority of those members is taken to be a decision of the Advisory 33
Board. 34
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Schedule 3 Members and procedure of Public Service Commission Advisory Board
(2) The Advisory Board may, if it thinks fit, transact any of its business at 1
a meeting at which members (or some members) participate by 2
telephone, closed-circuit television or other means, but only if any 3
member who speaks on a matter before the meeting can be heard by the 4
other members. 5
(3) For the purposes of: 6
(a) the approval of a resolution under subclause (1), or 7
(b) a meeting held in accordance with subclause (2), 8
the Chairperson and each member have the same voting rights as they 9
have at an ordinary meeting of the Advisory Board. 10
(4) A resolution approved under subclause (1) is, subject to the regulations, 11
to be recorded in the minutes of the meetings of the Advisory Board. 12
(5) Papers may be circulated among the members for the purposes of 13
subclause (1) by facsimile or other transmission of the information in 14
the papers concerned. 15
15 Frequency of meetings 16
The Advisory Board is to meet at least on a quarterly basis each year 17
(but no more than 6 times each year). 18
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Savings, transitional and other provisions Schedule 4
Schedule 4 Savings, transitional and other 1
provisions 2
Part 1 General 3
1 Definition 4
In this Schedule: 5
former Act means the Public Sector Employment and Management Act 6
2002. 7
2 Regulations 8
(1) The regulations may contain provisions of a savings or transitional 9
nature consequent on the enactment of this Act or any Act that amends 10
this Act. 11
(2) Any such provision may, if the regulations so provide, take effect from 12
the date of assent to the Act concerned or a later date. 13
(3) To the extent to which any such provision takes effect from a date that 14
is earlier than the date of its publication on the NSW legislation website, 15
the provision does not operate so as: 16
(a) to affect, in a manner prejudicial to any person (other than the 17
State or an authority of the State), the rights of that person 18
existing before the date of its publication, or 19
(b) to impose liabilities on any person (other than the State or an 20
authority of the State) in respect of anything done or omitted to 21
be done before the date of its publication. 22
(4) Any such provision has effect despite anything to the contrary in this 23
Schedule. 24
(5) The regulations may make separate savings and transitional provisions 25
or amend this Schedule to consolidate the savings and transitional 26
provisions. 27
Part 2 Provisions consequent on enactment of this 28
Act 29
3 Continuation in office of Public Service Commissioner 30
(1) The person holding office as the Public Service Commissioner under 31
the former Act immediately before the repeal of that Act is taken to have 32
been appointed as the Public Service Commissioner under this Act for 33
the balance of the Commissioner's term of office under the former Act. 34
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Schedule 4 Savings, transitional and other provisions
(2) For the purpose of determining the maximum total terms that a person 1
may hold office as Public Service Commissioner under this Act, a term 2
of office under the former Act is taken to be a term of office under this 3
Act. 4
4 Continuation in office of members of Public Service Commission 5
Advisory Board 6
(1) A person holding office as a member of the Public Service Commission 7
Advisory Board under the former Act immediately before the repeal of 8
that Act is taken to have been appointed as a member of the Public 9
Service Commission Advisory Board under this Act for the balance of 10
the member's term of office under the former Act. 11
(2) For the purpose of determining the maximum total terms that a person 12
may hold office as a member of the Public Service Commission 13
Advisory Board under this Act, a term of office under the former Act is 14
taken to be a term of office under this Act. 15
5 Existing employees of the Government Service become employees of 16
Public Service 17
(1) A person who was employed in the Government Service of New South 18
Wales immediately before the repeal of the former Act is, on that repeal, 19
taken to be employed in the Public Service of New South Wales in the 20
same kind of employment. For that purpose, employment (other than for 21
a term) in an officer's position or in a permanent position is the same 22
kind of employment as ongoing employment. 23
(2) The application of the provisions of this Act, the regulations and the 24
government sector employment rules to any such person is subject to 25
the provisions of this Schedule. 26
(3) The repeal of the former Act does not affect the continuity of service of 27
a person taken to be employed in the Public Service under this clause, 28
any accrued rights to leave under the former Act or any accrual of rights 29
to leave under this Act. 30
(4) A person who is taken to be employed in the Public Service under this 31
clause is taken to be employed in a role or classification of work that 32
corresponds to the kind and grade of work of the person's position or 33
work on the repeal of the former Act. 34
(5) The continued employment of a person taken to be employed in the 35
Public Service under this clause who held a Chief or Senior Executive 36
position or a senior officer position (or equivalent position) under the 37
former Act is subject to review by the head of the relevant Public 38
Service agency in connection with the staged implementation of Public 39
Service senior executive employment in the agency under clause 8. 40
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Savings, transitional and other provisions Schedule 4
(6) Section 58 of this Act applies to the termination of the position and 1
employment of a person referred to in subclause (5) as a result of the 2
review in the same way it applies to the termination of the employment 3
of an executive employee. 4
(7) This clause does not apply to persons employed under the former Act as 5
special temporary employees. 6
6 Continuation in office of Secretaries of Departments 7
(1) A person holding office as the head of a principal Department of the 8
Public Service listed in Division 1 of Part 1 of Schedule 1 to the former 9
Act immediately before the repeal of that Act is taken to have been 10
appointed as the Secretary of the corresponding Department under this 11
Act for the balance of the person's term of office under the former Act. 12
(2) A person who is taken to be so appointed as Secretary is employed in 13
accordance with this Act and a contract of employment entered into 14
under this Act, and any provision or contract applying to the person as 15
the head of the former principal Department ceases to apply. However, 16
this subclause does not affect the continuity of service of the person in 17
the Public Service, any accrued rights to leave under the former Act or 18
any accrual of rights to leave under the Secretary's contract of 19
employment under this Act. 20
(3) A Department does not cease to be a corresponding Department merely 21
because of a change in the name of the Department under this Act. 22
(4) If there ceases to be a corresponding Department on the repeal of the 23
former Act, the head of the former principal Department is taken to be 24
removed from his or her executive position under section 77 of the 25
former Act and that section and section 78 of the former Act apply to 26
that removal. 27
7 Continuation in office of non-statutory heads of other Divisions of the 28
Government Service 29
(1) This clause does not apply to the head of a Division of the Government 30
Service who is the holder of a statutory office and whose office is not 31
created by the former Act. 32
(2) A person holding office as the head of a Division of the Government 33
Service listed in Division 2 of Part 1, or Part 2, of Schedule 1 to the 34
former Act immediately before the repeal of that Act is taken to have 35
been appointed as the head of the corresponding Public Service agency 36
under this Act for the balance of the person's term of office under the 37
former Act. 38
(3) A person who is taken to be so appointed as head of the agency is 39
employed in accordance with this Act and a contract of employment 40
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Schedule 4 Savings, transitional and other provisions
entered into under this Act, and any provision or contract applying to 1
the person as the head of the former Division ceases to apply. However, 2
this subclause does not affect the continuity of service of the person in 3
the Public Service, any accrued rights to leave under the former Act or 4
any accrual of rights to leave under the person's contract of employment 5
under this Act. 6
(4) A Public Service agency does not cease to be a corresponding agency 7
merely because of a change in the name of the agency under this Act. 8
(5) If there ceases to be a corresponding agency on the repeal of the former 9
Act, the head of the former Division is taken to be removed from his or 10
her executive position under section 77 of the former Act and that 11
section and section 78 of the former Act apply to that removal. 12
8 Staged implementation of new senior executive employment 13
arrangements 14
(1) In this clause: 15
former senior executive provisions mean the provisions of Part 3.1 of 16
Chapter 3 of the former Act (and any other provisions of the former Act 17
that relate to the operation of that Part, including provisions designating 18
the employer of chief or senior executive officers or providing for the 19
appointment of those officers) and the provisions of Part 3A of the 20
Statutory and Other Offices Remuneration Act 1975. 21
new senior executive provisions mean the provisions of Division 4 of 22
Part 4 of this Act (and any other provisions of this Act that relate to the 23
operation of that Division, including provisions designating the person 24
who exercises employer functions in relation to Public Service senior 25
executives) and the provisions of Part 3B of the Statutory and Other 26
Offices Remuneration Act 1975. 27
senior executive implementation date for a Public Service agency or a 28
part of any such agency--see subclause (4). 29
(2) The Commissioner is to prepare an implementation schedule for the 30
staged implementation of the provisions of this Act relating to Public 31
Service senior executives (other than the Secretary of a Department or 32
the head of a separate Public Service agency). 33
(3) The implementation schedule is to set out the date on which the new 34
senior executive provisions will apply to a Public Service agency. A 35
date may only be set on the recommendation of the head of the agency. 36
(4) Different dates may be set for different Public Service agencies or for 37
different parts of a Public Service agency. The date so set is the senior 38
executive implementation date for that agency or that part of the 39
agency. 40
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Savings, transitional and other provisions Schedule 4
(5) The senior executive implementation date for an agency or part of an 1
agency may be changed by the Commissioner on the recommendation 2
of the head of the agency. 3
(6) Until the senior executive implementation date for an agency or part of 4
an agency, the former senior executive provisions continue to apply, 5
and the new senior executive provisions do not apply, to that agency or 6
that part of the agency. This subclause does not affect the application of 7
the new senior executive provisions to the Secretary of a Department or 8
the head of a separate Public Service agency. 9
(7) Despite anything to the contrary in this clause, the senior executive 10
implementation date for the head of a Public Service executive agency 11
related to a Department is to be set by the Commissioner after 12
consultation with the Secretary of the Department. 13
(8) A person who was a chief or senior executive officer under the former 14
senior executive provisions immediately before the senior executive 15
implementation date for the agency or part of the agency concerned and 16
who does not become a Public Service senior executive on that date is 17
taken to be removed from his or her executive position under section 77 18
of the former Act and the former senior executive provisions apply to 19
that removal. With the approval of the Commissioner in a special case, 20
the officer may be declared under that section to be an unattached 21
officer for a period not exceeding 12 months and that section continues 22
to apply accordingly. 23
9 Conditions of employment 24
(1) A determination under section 130 of the former Act, or an industrial 25
agreement under section 131 of the former Act, that is in force 26
immediately before the repeal of the former Act is, unless inconsistent 27
with this Act, taken to be a determination under section 52 of this Act 28
or an industrial agreement under section 51 of this Act (as the case 29
requires). 30
(2) The repeal of the former Act does not affect any conditions of 31
employment under State industrial instruments, or contracts of 32
employment, in force on the commencement of this Act that apply to 33
Public Service employees, unless they are inconsistent with this Act. 34
10 Existing delegations under former Act 35
(1) Any delegation of a function by the Division Head of a Division of the 36
Government Service under section 4F of the former Act and in force 37
immediately before the repeal of the former Act is taken to be a 38
delegation of a comparable function under this Act by the head of the 39
corresponding Public Service agency under section 27 of this Act (in the 40
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Schedule 4 Savings, transitional and other provisions
case of a Department) or under section 32 of this Act (in the case of any 1
other Public Service agency). 2
(2) Any delegation of a function by the Director-General under section 123 3
of the former Act and in force immediately before the repeal of the 4
former Act is taken to be a delegation of a comparable function under 5
this Act by the Industrial Relations Secretary under section 53 of this 6
Act. 7
11 Unsatisfactory performance, misconduct and suspension 8
(1) Sections 68, 69 and 70 of this Act extend to conduct occurring before 9
the commencement of this Act. 10
(2) Any proceedings for unsatisfactory performance or misconduct pending 11
under Part 2.7 of Chapter 2 of the former Act immediately before the 12
repeal of the former Act are to continue to be dealt with under the 13
provisions of that Part as if it had not been repealed, subject to the 14
regulations and the government sector employment rules. 15
12 Superseded references 16
In any other Act, in any statutory or other instrument, or in any contract 17
or agreement: 18
(a) a reference to the Government Service of New South Wales (or 19
to any Division of the Government Service) is to be construed as 20
a reference to the Public Service of New South Wales (or to any 21
Public Service agency), and 22
(b) a reference to a Department or a Department head (within the 23
meaning of the former Act) is to be construed as a reference to a 24
Public Service agency or the head of such an agency, 25
respectively, and 26
(c) a reference to the Public Service Board, the Public Employment 27
Industrial Relations Authority, the Public Employment Office or 28
the Director of Public Employment (unless the reference relates 29
to the functions exercised by the Industrial Relations Secretary 30
under Division 6 of Part 4 of this Act) is to be construed as a 31
reference to the Public Service Commissioner, and 32
(d) a reference to the Public Service Board, the Public Employment 33
Industrial Relations Authority, the Public Employment Office, 34
the Director of Public Employment or the Director-General of the 35
Department of Premier and Cabinet (if the reference relates to the 36
functions exercised by the Industrial Relations Secretary under 37
Division 6 of Part 4 of this Act) is to be construed as a reference 38
to the Industrial Relations Secretary, and 39
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Savings, transitional and other provisions Schedule 4
(e) a reference to an officer or to a temporary or casual employee of 1
the Public Service (or a Department) or to a member of staff or 2
employee of the Government Service (or a Division of the 3
Government Service) is to be construed as a reference to a Public 4
Service employee, and 5
(f) a reference to an order under Chapter 4 of the former Act is to be 6
construed as a reference to an administrative arrangements order 7
under Part 7 of the Constitution Act 1902. 8
13 Saving of administrative changes orders under former Act 9
An order made (or taken to have been made) under Chapter 4 of the 10
former Act that has not been revoked is taken to be an administrative 11
arrangements order under Part 7 of the Constitution Act 1902. 12
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Government Sector Employment Bill 2013
Schedule 5 Repeal of existing Act and Regulation
Schedule 5 Repeal of existing Act and Regulation 1
The following Act and instrument are repealed: 2
Public Sector Employment and Management Act 2002 No 43 3
Public Sector Employment and Management Regulation 2009 4
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Government Sector Employment Bill 2013
Amendment of other Acts Schedule 6
Schedule 6 Amendment of other Acts 1
6.1 Anti-Discrimination Act 1977 No 48 2
Part 9A Equal Opportunity in Public Employment 3
Omit the Part. 4
6.2 Constitution Act 1902 No 32 5
[1] Part 6, heading 6
Omit "and departments". Insert instead "and staff". 7
[2] Sections 47 and 47A 8
Omit section 47. Insert instead: 9
47 Appointment of officers 10
(1) The appointment of all public officers under the Government of 11
New South Wales is vested in the Governor with the advice of the 12
Executive Council or in a person authorised by legislation to 13
make the appointment. 14
(2) This section does not apply to the appointment of: 15
(a) members of the Executive Council and Ministers of the 16
Crown or the holders of any other political office, or 17
(b) an officer or employee of either House of Parliament or 18
any officer under the separate control of the President or 19
Speaker, or under their joint control (other than the Clerk 20
of the Parliaments or of either House of Parliament or any 21
other officer of the Parliament designated by order of the 22
Governor). 23
47A Employment of staff 24
(1) Persons employed by the Government of New South Wales in the 25
service of the Crown are to be employed in the Public Service of 26
New South Wales under the Government Sector Employment Act 27
2013 or in any other service of the Crown established by 28
legislation. 29
(2) A statutory body that is a NSW Government agency, or a person 30
holding a public office under the Government of New South 31
Wales, cannot employ persons unless legislation specifically 32
authorises the body or person to do so. 33
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Schedule 6 Amendment of other Acts
(3) This section does not apply to: 1
(a) a State owned corporation, or 2
(b) the engagement of independent contractors or volunteer 3
workers. 4
[3] Section 48 Absent officers and staff 5
Insert "or employee" after "means an officer" in the definition of officer in 6
section 48 (1). 7
[4] Part 7 8
Omit the Part. Insert instead: 9
Part 7 Administrative arrangements 10
50A Definitions: Part 7 11
In this Part: 12
administrative arrangements order means an order made by the 13
Governor under this Part. 14
administrative change means: 15
(a) the fact of there ceasing to be a Minister, a Public Service 16
agency or a Public Service employee of a particular 17
description, or 18
(b) the transfer of the administration of an Act, or any portion 19
or aspect of an Act, from a Minister to another Minister, or 20
(c) the transfer of a function from a Minister, Public Service 21
agency or Public Service employee to another Minister, 22
Public Service agency or Public Service employee, 23
respectively. 24
description includes title. 25
Public Service agency means a Department or other agency of 26
the Public Service, and includes: 27
(a) any part of a Department or other agency of the Public 28
Service, and 29
(b) that part of the NSW Police Force comprising 30
administrative officers under the Police Act 1990, and 31
(c) the Transport Service of New South Wales or any part of 32
that Service. 33
Public Service employee means a person employed in a Public 34
Service agency. 35
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Amendment of other Acts Schedule 6
reference to a Minister, Public Service agency or Public Service 1
employee includes a reference that (by or under any Act) is to be 2
construed or treated as a reference to that Minister, agency or 3
employee. 4
50B Allocation of administration of Acts and other portfolio 5
responsibilities 6
(1) The Governor may, by an administrative arrangements order, 7
allocate to Ministers the administration of Acts and other 8
portfolio responsibilities. 9
(2) A Minister may, subject to any direction of the Premier, assume 10
the administration of an Act, or portfolio responsibility, that has 11
not been allocated to a Minister by the Governor under this 12
section. 13
(3) In allocating the administration of an Act: 14
(a) different portions of the Act may be administered by 15
different Ministers, and 16
(b) different Ministers may administer the Act in different 17
respects, and 18
(c) 2 or more Ministers may jointly administer the same Act 19
or the same portion of an Act. 20
The joint administration of an Act or portion of an Act does not 21
require the joint exercise of a Ministerial function. 22
50C Ministers to whom Public Service agencies responsible 23
(1) The Governor may, by an administrative arrangements order, 24
specify the Minister to whom a Public Service agency is 25
responsible. 26
(2) A Minister may, subject to any direction of the Premier, assume 27
responsibility for a Public Service agency for which the Governor 28
has not determined Ministerial responsibility under this section. 29
(3) The same Public Service agency may be responsible to more than 30
one Minister. 31
50D Public Service agencies--creation, abolition and changes 32
(1) The Governor may, by an administrative arrangements order: 33
(a) establish, abolish or change the name of any Public Service 34
agency, or 35
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Schedule 6 Amendment of other Acts
(b) transfer a part (or all parts) of a Public Service agency to 1
another Public Service agency, 2
and substitute or amend Schedule 1 to the Government Sector 3
Employment Act 2013 for that purpose or any other purpose 4
authorised by that Act. 5
(2) If the Governor transfers a part or parts of a Public Service 6
agency to another Public Service agency under this section: 7
(a) the employees in the part or parts of the agency transferred 8
become employees of the agency to which the transfer is 9
made, and 10
(b) the employees continue as employees in the same 11
employment in the agency to which the transfer is made. 12
50E Change to references in Acts etc to Ministers, Public Service 13
agencies and Public Service employees 14
(1) The Governor may, by an administrative arrangements order, 15
require a reference in any Act or statutory or other instrument, or 16
in any contract or agreement, to a Minister, Public Service 17
agency or Public Service employee by a specified description to 18
be construed as a reference to a Minister, Public Service agency 19
or Public Service employee, respectively, by another specified 20
description. 21
(2) Such a requirement does not apply to or in respect of any Act or 22
statutory or other instrument, or any contract or agreement, 23
enacted, made or entered into after the requirement took effect. 24
(3) An administrative arrangements order under this section need not 25
be consequential on or incidental to administrative change. 26
(4) For the purposes of this section, a reference to a Minister by a 27
specified description extends to a reference to a Minister 28
administering a specified Act or portion of an Act. 29
50F Provisions consequent on administrative changes and other 30
matters 31
(1) The Governor may, by an administrative arrangements order, 32
make such provisions as are necessary or convenient to be made 33
for the purpose of dealing with matters that are incidental to or 34
consequential on administrative change or the making of an 35
administrative arrangements order. 36
(2) The provisions that may be made under this section include: 37
(a) provisions for the transfer of any property, rights and 38
liabilities of a superseded authority (being a Minister, 39
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Amendment of other Acts Schedule 6
Public Service agency or Public Service employee the 1
subject of an administrative arrangements order), and 2
(b) provisions of a savings or transitional nature. 3
50G Publication, commencement and operation of orders 4
(1) An administrative arrangements order is to be published on the 5
NSW legislation website. 6
(2) The order takes effect on the date of its publication on the NSW 7
legislation website, or on such other date as may be specified in 8
the order. The commencement date can be a date that is earlier 9
than the date of publication of the order on the NSW legislation 10
website. 11
(3) To the extent to which the order takes effect from a date that is 12
earlier than the date of its publication on the NSW legislation 13
website, the order does not operate so as: 14
(a) to affect, in a manner prejudicial to any person (other than 15
the State or an authority of the State), the rights of that 16
person existing before the date of its publication, or 17
(b) to impose liabilities on any person (other than the State or 18
an authority of the State) in respect of anything done or 19
omitted to be done before the date of its publication. 20
(4) An administrative arrangements order may combine any 2 or 21
more of the provisions authorised by this Part to be made by such 22
an order. 23
[5] Section 8A Assent to Bills 24
Insert after section 8A (2): 25
(3) Every Bill shall, on becoming an Act, be transmitted to and 26
enrolled in a public repository of State documents. 27
6.3 Government Information (Public Access) Act 2009 No 52 28
Schedule 2 Excluded information of particular agencies 29
Insert at the end of clause 2: 30
The office of the Public Service Commissioner--inquiry 31
functions of the Commissioner under section 83 of the 32
Government Sector Employment Act 2013 (or under section 82 of 33
that Act if the Commissioner is directed to conduct a special 34
inquiry). 35
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6.4 Industrial Relations Act 1996 No 17 1
[1] Section 83 Application of Part 2
Omit "an executive officer to whom Part 2A of the Public Sector Management 3
Act 1988 or Part 5 of the Police Act 1990 applies" from section 83 (3). 4
Insert instead "the Secretary of a Department or a Public Service senior 5
executive under the Government Sector Employment Act 2013 or an executive 6
officer to whom Part 5 of the Police Act 1990 applies". 7
[2] Chapter 2, Part 7, Heading 8
Omit "promotion and". 9
[3] Section 91 Interpretation 10
Omit "promotion appeal or a" from the definition of appeal. 11
[4] Section 91, definition of "promotion appeal" 12
Omit the definition. 13
[5] Section 91, definition of "public sector employee" 14
Omit paragraph (a) (and the note to that paragraph) from the definition. 15
Insert instead: 16
(a) employed in the Public Service, or 17
[6] Section 91, definition of "public sector employer" 18
Omit "the appropriate Division Head within the meaning of the Public Sector 19
Employment and Management Act 2002". 20
Insert instead "the head of the relevant Public Service agency". 21
[7] Section 91 (2) 22
Omit the subsection. 23
[8] Section 92 Application of Part 24
Omit "promotion appeals and" from section 92 (1). 25
[9] Chapter 2, Part 7, Division 2 Promotion appeals 26
Omit the Division. 27
[10] Section 100B Time for lodging appeal 28
Omit section 100B (1) and (3). 29
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[11] Section 100C Decisions with respect to appeals 1
Omit section 100C (1). 2
[12] Section 100H Provisions relating to promotion appeals 3
Omit the section. 4
[13] Section 146C (8) 5
Omit "Government Service". Insert instead "Public Service". 6
[14] Section 166 Representation of parties 7
Omit "promotion and" from section 166 (2). 8
[15] Section 166 (2A) 9
Omit the subsection. 10
[16] Dictionary, definition of "public sector employee" 11
Omit "Government Service". Insert instead "Public Service". 12
[17] Dictionary, definition of "public sector industrial agreement" 13
Omit "section 64 of the Public Sector Management Act 1988". 14
Insert instead "section 51 of the Government Sector Employment Act 2013". 15
6.5 Interpretation Act 1987 No 15 16
[1] Section 21 Meanings of commonly used words and expressions 17
Insert in alphabetical order in section 21 (1): 18
Public Service or NSW Public Service means the Public Service 19
referred to in the Government Sector Employment Act 2013. 20
[2] Section 21A Construction of references in relation to the Public Service 21
Omit the section. 22
[3] Section 21B Construction of references in relation to the Government 23
Service 24
Omit the section. 25
6.6 Police Act 1990 No 47 26
[1] Part 6A, Division 3 Promotion appeals by non-executive administrative 27
officers to Industrial Relations Commission 28
Omit the Division. 29
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Schedule 6 Amendment of other Acts
[2] Section 88 Industrial arbitration or legal proceedings excluded in 1
relation to appointments 2
Omit "(except Part 7 of Chapter 2 of that Act)" from section 88 (1). 3
[3] Section 88 (4) 4
Omit the subsection. 5
6.7 Public Sector Employment and Management Act 2002 No 43 6
[1] Sections 135, 136, 145 (1) (d) and 151 (1) 7
Omit "Chapter" wherever occurring. Insert instead "Part". 8
[2] Section 135, definition of "government agency" 9
Omit paragraph (a). Insert instead: 10
(a) a government sector agency (within the meaning of the 11
Government Sector Employment Act 2013), 12
[3] Section 138 Membership of Board 13
Omit "Director-General" wherever occurring in section 138 (1) (a) and (2). 14
Insert instead "Secretary". 15
[4] Section 138 (1) (b) 16
Omit the paragraph. Insert instead: 17
(b) the heads of at least 6 other Public Service Departments, 18
being the Departments determined by the Minister from 19
time to time. 20
[5] Section 138 (3) 21
Omit "Schedule 2C". Insert instead "The Fifth Schedule". 22
[6] Section 142 Delegation of Board's functions 23
Omit section 142 (3) (b). Insert instead: 24
(b) a Public Service employee, 25
[7] Section 151 Regulations 26
Omit "The regulations may make provision" from section 151 (1). 27
Insert instead "The Governor may make regulations". 28
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Amendment of other Acts Schedule 6
[8] Chapter 7 (as amended by this Subschedule) 1
Omit the Chapter. 2
Transfer the Chapter to the Public Works Act 1912 as Part 11, renumber 3
Parts 7.1-7.4 of the transferred Chapter as Divisions 1-4, renumber 4
sections 135-151 of the transferred Chapter as sections 162-178 and amend 5
any cross references in the transferred Chapter accordingly. 6
[9] Schedule 2C Members and procedure of NSW Procurement Board 7
Omit the Schedule. 8
Transfer the Schedule to the Public Works Act 1912 as the Fifth Schedule. 9
6.8 Public Works Act 1912 No 45 10
[1] Long title 11
Insert "; and to make provision in relation to the procurement of goods and 12
services for New South Wales government agencies" after "Public Works". 13
[2] Section 1 Name of Act 14
Insert "and Procurement" after "Works". 15
6.9 Statutory and Other Offices Remuneration Act 1975 (1976 16
No 4) 17
[1] Section 6 Statutory and Other Offices Remuneration Tribunal 18
Insert "or an executive (within the meaning of Part 3B)" after "or an executive 19
office holder (within the meaning of Part 3A)" in section 6 (4) (a). 20
[2] Section 6AA Tribunal to give effect to declared government policy on 21
remuneration for public sector staff 22
Insert after section 6AA (1): 23
(1A) This section also applies to the determination of any alteration in 24
the remuneration packages applicable to executive bands within 25
the meaning of Part 3B. 26
[3] Part 3, heading 27
Omit the heading. Insert instead: 28
Part 3 Remuneration of office holders (except 29
Part 3A or 3B office holders) 30
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Schedule 6 Amendment of other Acts
[4] Section 11A Employment benefits for non-judicial office holders 1
Omit "entitled to be provided with employment benefits (within the meaning 2
of Division 4 of Part 3.1 of the Public Sector Employment and Management 3
Act 2002)" from section 11A (3). 4
Insert instead "entitled to be provided with employment benefits that 5
Secretaries of Departments may be provided with under the Government 6
Sector Employment Act 2013". 7
[5] Section 11A (3) (c) 8
Omit "the cost determined under that Division of similar employment benefits 9
provided to an executive officer under that Division". 10
Insert instead "the cost determined under that Act of similar employment 11
benefits provided to Secretaries of Departments". 12
[6] Section 11B Salary sacrifice for motor vehicles and superannuation for 13
office holders not subject to section 11A 14
Omit "the cost determined under Division 4 of Part 3.1 of the Public Sector 15
Employment and Management Act 2002 of a similar employment benefit 16
under that Division" from section 11B (3) (c). 17
Insert instead "the cost determined under the Government Sector Employment 18
Act 2013 of a similar employment benefit provided to the Secretary of a 19
Department". 20
[7] Section 13 Annual determinations 21
Omit "1 October". Insert instead "1 July". 22
[8] Section 16 General provisions as to determinations 23
Omit section 16 (7). 24
[9] Section 17 Inquiries 25
Omit "1 April" from section 17 (2). Insert instead "1 January". 26
[10] Section 20 Operation of determinations 27
Omit "1 October" from section 20 (1) (b). Insert instead "1 July". 28
[11] Section 22 Remuneration payable during period before publication of 29
report 30
Omit "1 October" from section 22 (1). Insert instead "1 July". 31
[12] Section 22 (1) 32
Omit "30 September". Insert instead "30 June". 33
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Government Sector Employment Bill 2013
Amendment of other Acts Schedule 6
[13] Part 3A, heading 1
Insert "(except Part 3B office holders)" at the end of the heading. 2
[14] Section 24AA 3
Insert after section 24A: 4
24AA Application of Part 5
(1) This Part does not apply to the Secretary of a Department of the 6
Public Service or to any other Public Service senior executive to 7
whom Division 4 of Part 4 of the Government Sector 8
Employment Act 2013 applies. 9
(2) A reference in this Part to the Public Sector Employment and 10
Management Act 2002 is a reference to that Act as in force 11
immediately before its repeal, as continued in operation in 12
relation to executive office holders by the Government Sector 13
Employment Act 2013. 14
[15] Section 24C Annual determinations 15
Omit "1 October". Insert instead "1 July". 16
[16] Section 24G Inquiries 17
Omit "1 April" from section 24G (2). Insert instead "1 January". 18
[17] Section 24J Operation of determinations 19
Omit "1 October" from section 24J (1) (b). Insert instead "1 July". 20
[18] Section 24K Remuneration package during period before making of 21
report 22
Omit "1 October" from section 24K (1). Insert instead "1 July". 23
[19] Section 24K (1) 24
Omit "30 September". Insert instead "30 June". 25
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Government Sector Employment Bill 2013
Schedule 6 Amendment of other Acts
[20] Part 3B 1
Insert after Part 3A: 2
Part 3B Remuneration packages for Public Service 3
senior executives 4
24M Definitions 5
In this Part: 6
determination means a determination made by the Tribunal 7
under section 24N, 24O or 24P. 8
remuneration package means the annual amount payable to a 9
senior executive under the Government Sector Employment Act 10
2013: 11
(a) as monetary remuneration for the executive, or 12
(b) partly as that remuneration and partly as the cost to the 13
employer of the executive's employment benefits. 14
senior executive means the Secretary of a Department of the 15
Public Service and any other Public Service senior executive to 16
whom Division 4 of Part 4 of the Government Sector 17
Employment Act 2013 applies. 18
24N Initial determinations 19
(1) The Tribunal is required to make, as soon as practicable after the 20
commencement of this Part, a determination of the remuneration 21
package for each band in which senior executives may be 22
employed under the Government Sector Employment Act 2013. 23
(2) The Tribunal may make a determination under this section in 24
respect of a prospective band in which senior executives may be 25
employed that is notified to the Tribunal by the Minister. 26
24O Annual determinations 27
The Tribunal is required to make, in each year, a determination 28
of remuneration packages for senior executives as on and from 29
1 July in that year. 30
24P Special determinations 31
If the Minister so directs, the Tribunal is required to make (not 32
later than the day specified in the direction as the day on or before 33
which the determination is to be made) a determination as to 34
whether, and (if so) how, any determination already made should 35
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be altered in relation to remuneration packages as are referred to 1
in the direction. 2
24Q Matters to be taken into consideration by Tribunal 3
(1) The Minister or the Commissioner may notify the Tribunal of 4
matters which the Tribunal should take into consideration when 5
making determinations of the remuneration packages for senior 6
executives. 7
(2) In making a determination, the Tribunal must take into 8
consideration any such matters and such other matters as the 9
Tribunal thinks fit. 10
24R General provisions relating to determinations 11
(1) In making a determination, the Tribunal: 12
(a) is to fix, as the remuneration package, any amount that is 13
within a specified range of amounts, and 14
(b) is to fix a single remuneration package for all senior 15
executives employed in a specified band, and 16
(c) may provide that a different remuneration package applies 17
in the case of particular senior executives named in the 18
determination (but only if the Minister has requested the 19
Tribunal to do so), and 20
(d) may increase, reduce or not change any remuneration 21
package. 22
(2) A remuneration package determined by the Tribunal may not be 23
less than the remuneration package which the Tribunal considers 24
appropriate for a clerk (grade 12) in the Public Service with 25
general administrative duties. 26
24S Inquiries 27
(1) Before making a determination, the Tribunal may make such 28
inquiry as the Tribunal thinks necessary. 29
(2) An inquiry for the purpose of a determination to be made under 30
section 24O (Annual determinations) may not be commenced 31
before 1 January in the year in which the determination is to be 32
made. 33
(3) In the exercise or performance of the Tribunal's powers, 34
authorities, duties and functions under this Part: 35
(a) the Tribunal may inform himself or herself in such manner 36
as he or she thinks fit, and 37
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Schedule 6 Amendment of other Acts
(b) the Tribunal may receive written or oral submissions, and 1
(c) the Tribunal must take into consideration submissions 2
received by him or her relating to the remuneration 3
packages for senior executives, whether or not those 4
submissions were received in response to an invitation 5
under subsection (4), and 6
(d) the Tribunal is not required to conduct any proceedings in 7
a formal manner, and 8
(e) the Tribunal is not bound by the rules of evidence. 9
(4) Without affecting the generality of subsection (3), the Tribunal 10
may invite submissions from senior executives, Ministers of the 11
Crown, the Public Service Commissioner and any other persons. 12
24T Tribunal's reports 13
(1) The Tribunal must, as soon as practicable after making a 14
determination under section 24N (Initial determinations), make a 15
report to the Minister of the Tribunal's determination. 16
(2) The Tribunal must, in each year, make a report to the Minister of 17
the Tribunal's determination under section 24O (Annual 18
determinations). 19
(3) The Tribunal must, not later than the day specified in a direction 20
referred to in section 24P (Special determinations) as the day on 21
or before which the determination is to be made, make a report to 22
the Minister of the Tribunal's determination made in 23
consequence of that direction. 24
24U Publication of determinations 25
The report of a determination may be published by the Minister 26
in the Gazette and in such other manner as the Minister thinks fit. 27
24V Operation of determinations 28
(1) Subject to this Part, a determination which was made under: 29
(a) section 24N (Initial determinations)--comes into force 30
when it is made, and 31
(b) section 24O (Annual determinations)--comes into force, 32
or is to be taken to have come into force, on 1 July in the 33
year in which it is made, and 34
(c) section 24P (Special determinations)--comes into force, 35
or is to be taken to have come into force, on the day 36
specified in the determination as the day on which the 37
determination is, or is to be taken, to come into force. 38
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(2) Subject to this Part, a determination continues in force until and 1
including 30 June next following the day on which it comes into 2
force. 3
(3) Subject to this Part, a determination has effect subject to any 4
determination that was made under section 24P (Special 5
determinations) and that is in force. 6
(4) A determination may not be challenged, reviewed, quashed or 7
called into question before any court in any legal proceedings, or 8
restrained, removed or otherwise affected by proceedings in the 9
nature of prohibition, mandamus, certiorari or otherwise. 10
24W Remuneration package during period before making of report 11
(1) If the report of a determination under section 24O (Annual 12
determinations) is made to the Minister after 1 July in any year, 13
the remuneration package for the senior executives is (for the 14
period commencing on and including that day and ending on and 15
including the day preceding the date the report is made) the 16
remuneration package that would have been applicable had the 17
determination in force on the preceding 30 June continued in 18
force (subject to any adjustment necessary because of the making 19
of the report). 20
(2) Despite anything in this Part, if a determination takes effect on a 21
date (the effective date) that is earlier than the date that the report 22
of the determination is made to the Minister, a person who: 23
(a) was a senior executive at or at any time before the effective 24
date, and 25
(b) was not a senior executive at the date that the report is 26
made, 27
is not, in relation to any period before the date the report is made, 28
affected by the determination, unless: 29
(c) the determination would, if the person had continued as a 30
senior executive, operate to increase the remuneration 31
package for the person in relation to that period, and 32
(d) the person ceased to be a senior executive otherwise than 33
because of his or her resignation (except by way of 34
retirement) or because of his or her removal as a senior 35
executive. 36
24X Remuneration packages for senior executives not dealt with 37
(1) If, but for this section, no remuneration package would be 38
applicable to a senior executive in respect of any period during 39
which he or she is a senior executive, the Minister may, from time 40
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Schedule 6 Amendment of other Acts
to time, fix the remuneration package for the senior executive in 1
respect of that period. 2
(2) The remuneration package for a senior executive under this 3
section applies until a determination applicable to the person 4
comes into force. 5
6.10 Transport Administration Act 1988 No 109 6
[1] Schedule 2 Provisions relating to Chief Executives 7
Omit clause 1A. Insert instead: 8
1A Employment of Chief Executives 9
(1) A Chief Executive is to be employed in the Transport Service 10
under Part 7A of this Act. 11
(2) A Chief Executive holding office immediately before the 12
substitution of this clause by the Government Sector Employment 13
Act 2013 is, on that substitution, taken to be employed in the 14
Transport Service on the same terms and conditions as applied to 15
the Chief Executive immediately before that substitution. 16
[2] Schedule 7 Savings, transitional and other provisions 17
Omit clause 175 (7). 18
6.11 Transport Legislation Amendment Act 2011 No 41 19
Schedule 5 Consequential and other amendments 20
Omit Schedule 5.38 [6]. 21
6.12 Workers Compensation Act 1987 No 70 22
Section 279A 23
Insert after section 279: 24
279A Workers compensation liability with respect to staff of statutory 25
bodies 26
(1) Part 5 applies to work injury damages recoverable from the 27
Government of New South Wales, and to work injury damages 28
recoverable from a statutory body, by or in respect of a person 29
employed in the Public Service to enable the statutory body to 30
exercise its functions. Part 5 so applies as if: 31
(a) the statutory body were an employer of the person in 32
addition to the Government, and 33
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Amendment of other Acts Schedule 6
(b) the statutory body were an employer liable to pay 1
compensation under this Act. 2
(2) A policy of insurance may be issued to the Government of New 3
South Wales under this Act that is limited to workers employed 4
in a particular part of the Public Service. 5
(3) A licence under Division 5 of Part 7 that is limited to workers 6
employed in a particular part of the Public Service may be 7
granted to the Government of New South Wales. 8
(4) In this section: 9
work injury damages means work injury damages recoverable 10
from a statutory body or the Government of New South Wales in 11
respect of injury to or the death of a person employed in the 12
Public Service to enable the statutory body to exercise its 13
functions caused by the negligence or other tort of the statutory 14
body or the Government and arising out of the employment of the 15
person by the Government. 16
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