New South Wales Consolidated Acts

PUBLIC SECTOR EMPLOYMENT AND MANAGEMENT ACT 2002

- As at 11 April 2012
- Act 43 of 2002

TABLE OF PROVISIONS

           Long Title

CHAPTER 1 - PRELIMINARY

   PART 1.1 - INTRODUCTORY

   1.      Name of Act
   2.      Commencement
   3.      Definitions

   PART 1.2 - ETHICAL FRAMEWORK FOR THE PUBLIC SECTOR

   3A.     Objective of Part
   3B.     Public sector core values
   3C.     General provisions

   PART 1.3 - PUBLIC SERVICE COMMISSIONER

   3D.     Appointment of Commissioner
   3E.     Principal objectives of Commissioner
   3F.     General functions of Commissioner
   3G.     Commissioner to report to Premier
   3H.     Annual reports of the Commissioner
   3I.     Provision of reports and information by agencies
   3J.     Directions by Commissioner to public sector agencies
   3K.     Inquiries by Commissioner into public sector agencies
   3L.     Powers of entry and inspection
   3M.     Delegation
   3N.     Staff of Commissioner
   3O.     Approvals or directions given by Commissioner
   3P.     Confidentiality of personal information

   PART 1.4 - PUBLIC SERVICE COMMISSION ADVISORY BOARD

   3Q.     Advisory Board
   3R.     Functions of Advisory Board
   4.      (Renumbered)

CHAPTER 1A - THE GOVERNMENT SERVICE

   4A.     The Government Service
   4B.     Employment of staff in the Government Service
   4C.     Divisions of the Government Service
   4D.     Division Heads
   4E.     Salary, conditions etc of staff employed in Divisions
   4F.     Delegation by Division Head
   4G.     Regulations relating to staff employed in Divisions (other than Departments)
   4H.     (Repealed)
   4I.     Miscellaneous provisions relating to civil liability
   4J.     Operation of privacy legislation
   4K.     Construction of references to staff of statutory corporation

CHAPTER 2 - THE PUBLIC SERVICE

   PART 2.1 - GENERAL

   5.      Definitions
   6.      The Public Service
   7.      Categories of employment
   8.      Maximum number of staff of a Department
   9.      Staff positions in a Department for officers

   PART 2.2 - DEPARTMENT HEADS

   10.     Creation of Department Head positions
   11.     (Repealed)
   12.     Appointments to Public Service Department Head positions
   13.     Acting appointments to Department Head positions
   14.     General responsibility of Department Heads
   15.     (Repealed)

   PART 2.3 - OFFICERS (OTHER THAN DEPARTMENT HEADS)

   16.     Officers to whom Part applies
   17.     Appointments to positions
   18.     Advertising vacancies
   19.     Merit appointment
   20.     Eligibility lists
   21.     Appointments subject to promotion appeal
   22.     Legal proceedings not to be brought in respect of appointments etc
   23.     Appointments on probation
   24.     Acting appointments to positions
   25.     Incapable officer may be retired
   26.     Vacation of position

   PART 2.4 - DEPARTMENTAL TEMPORARY EMPLOYEES

   27.     Employment of Departmental temporary employees
   28.     Period of employment
   29.     Employment after selection on merit
   30.     Termination of employment
   31.     Appointment of long-term employees to officer positions

   PART 2.5 - SPECIAL TEMPORARY EMPLOYEES

   32.     Meaning of “political office holder”
   33.     Employment of special temporary employees
   34.     Period of employment of special temporary employees
   35.     Industrial arbitration or legal proceedings excluded
   36.     Delegation by Director-General
   37.     Status of special temporary employees

   PART 2.6 - CASUAL EMPLOYEES

   38.     Employment of casual employees
   39.     Termination of employment

   PART 2.7 - MANAGEMENT OF CONDUCT AND PERFORMANCE
   Division 1 - Preliminary

   40.     Part applies to officers (except chief executive officers)
   41.     Objects of Part
   42.     Definitions
   43.     Meaning of “misconduct”
           Division 2 - Dealing with misconduct
   44.     Issuing of procedural guidelines
   45.     Requirements relating to procedural guidelines
   46.     Dealing with allegations of misconduct
           Division 3 - Dealing with unsatisfactory performance and other matters
   47.     Dealing with unsatisfactory performance
   48.     Disciplinary action may be taken if officer is convicted of serious offence
           Division 4 - Miscellaneous provisions
   49.     Suspension of officers from duty pending decision in relation to misconduct or criminal charge
   50.     Implementation of decisions under this Part
   51.     Effect of dismissal of senior executive officers
   52.     Provisions relating to certain forms of disciplinary action
   53.     Officers retiring or resigning before disciplinary action is taken

   PART 2.8 - MISCELLANEOUS PROVISIONS RELATING TO THE PUBLIC SERVICE

   54.     Requirements as to citizenship or permanent residency
   55.     Extended leave for Departmental staff
   56.     Excess officers of Departments
   57.     Excessive salaries of officers of Departments
   58.     Officer to report bankruptcy etc
   59.     Departmental staff not to undertake other paid work without permission
   60.     Right of the Crown to dispense with person’s services not affected by the Act
   61.     No compensation to be paid where person’s services dispensed with or salary reduced
   62.     Regulations with respect to Public Service

CHAPTER 3 - PUBLIC SECTOR STAFF

   PART 3.1 - PUBLIC SECTOR EXECUTIVES
   Division 1 - Preliminary

   63.     Definitions
           Division 2 - Composition of executive services
   64.     Composition of Chief Executive Service
   65.     Composition of Senior Executive Service
   66.     Amendment or substitution of Schedule 2
   67.     Positions which may be included in Schedule 2
           Division 3 - Employment of executive officers
   68.     Term appointments
   69.     Employment of executive officers to be governed by contract of employment
   70.     Matters regulated by contract of employment
   71.     Performance reviews
   72.     Industrial arbitration or legal proceedings excluded
           Division 4 - Remuneration of executive officers
   73.     Definitions
   74.     Monetary remuneration and employment benefits for executive officers
   75.     Travelling and subsistence allowances etc
           Division 5 - Removal, retirement etc of executive officers
   76.     Vacation of executive positions
   77.     Removal of executive officers from office
   78.     Compensation etc where executive officer has no right to return to public sector
           Division 6 - General
   79.     Appointment of incumbent officers to senior executive positions
   80.     Incumbent officers-accrued leave
   81.     Change in status of positions
   82.     Change in title of positions
   83.     Approval to undertake other paid work
   84.     Operation of Part

   PART 3.2 - STAFF MOBILITY
   Division 1 - Movement of staff within and between public sector agencies

   85.     (Repealed)
   86.     Temporary staff transfers (secondments between agencies)
   86A.    Temporary staff transfers (internal secondments)
   87.     Employer-sponsored permanent transfers
   88.     Temporary assignment of public sector staff to other public sector agencies
   88A.    Other temporary assignments
   89.     Variations in remuneration on transfer
   90.     Dismissal of staff refusing transfer
   91.     Miscellaneous provisions
           Division 2 - Cross-public sector leave arrangements
   92.     Definitions
   93.     Division applies despite State industrial instruments
   94.     Recognition of prior government service for purpose of calculating extended leave
   95.     Annual leave
   96.     Sick leave
   97.     Maternity leave etc
   98.     Access to forfeited sick leave-transitional arrangements
   99.     Funding of leave entitlements

   PART 3.3 - MISCELLANEOUS PROVISIONS RELATING TO PUBLIC SECTOR STAFF

   100.    Cross-agency employment
   100A.   Appointment may be made to position pending vacation of position
   101.    (Repealed)
   101A.   Performance management systems for public sector staff
   102.    Employees contesting State elections
   102A.   Appointment to position in public sector service not affected by additional appointment
   103.    Re-appointment of employees resigning to contest Commonwealth elections
   103A.   Excess employees-jurisdiction of Industrial Relations Commission

CHAPTER 4 - ADMINISTRATIVE CHANGES

   PART 4.1 - ORDERS CONCERNING DIVISIONS OF THE GOVERNMENT SERVICE

   104.    Creation and change in relation to Divisions
   105.    Other orders in relation to Divisions
   106.    Orders specifying responsible Minister

   PART 4.2 - OTHER ADMINISTRATIVE CHANGES ORDERS

   107.    Definitions
   108.    Orders to change references in Acts
   109.    Orders re administrative change and other matters

   PART 4.3 - REQUIREMENTS CONCERNING ORDERS

   110.    Publication and commencement of orders
   111.    Limited, general and differential application of orders
   112.    Operation of orders
   113.    Combination orders

CHAPTER 5 - STATUTORY OFFICERS

   114.    Definitions
   115.    Chapter not to apply to executive officers
   116.    Removal of term appointee from office
   117.    Re-appointment to public sector following removal of term appointee
   118.    Compensation for office holder following removal
   119.    Election by term officer to take compensation
   120.    Operation of this Chapter

CHAPTER 6 - INDUSTRIAL RELATIONS FUNCTIONS

   PART 6.1 - PRELIMINARY

   121.    Definition
   122.    Director-General not subject to Ministerial control
   123.    Delegation

   PART 6.2 - GENERAL PUBLIC SECTOR INDUSTRIAL RELATIONS FUNCTIONS

   124.    Compliance with directions of Director-General on industrial matters
   125.    Advisory and monitoring functions
           126-128. (Repealed)

   PART 6.3 - PUBLIC SERVICE INDUSTRIAL RELATIONS FUNCTIONS

   129.    Role of the Director-General in industrial proceedings
   130.    Director-General may determine employment conditions
   131.    Director-General may enter into agreements
   132.    Authorised officer may enter Department’s premises etc

   PART 6.4 - (Repealed)
   None

CHAPTER 7 - GOODS AND SERVICES

   PART 7.1 - STATE CONTRACTS CONTROL BOARD

   135.    Establishment of Board
   136.    Functions of Board
   137.    Membership and procedure of Board
   138.    Ministerial control
   139.    Subcommittees of Board
   140.    Staff and consultants
   141.    Delegation of functions of Board
   142.    Annual report of Board

   PART 7.2 - ACQUISITION AND DISPOSAL OF GOODS AND SERVICES

   143.    Regulations

   PART 7.3 - COMPETITIVE NEUTRALITY IN TENDERING
   Division 1 - Preliminary

   144.    Purpose and application of Part
   145.    Definitions
           Division 2 - Complaints
   146.    Complaints about competitive neutrality
   147.    Investigation and report
   148.    Reports
   149.    Portfolio Minister’s response to report
           Division 3 - Investigations
   150.    Definition
   151.    Conduct of investigations
   152.    Public trading agency to provide information, documents and evidence
   153.    Complainant may be requested to provide information, documents and evidence
   154.    Confidential information
   155.    Offences
   156.    Cabinet information and proceedings
   157.    Report of complaints

CHAPTER 8 - MISCELLANEOUS

   158.    Act to bind Crown
   158A.   Act not to apply to judicial or parliamentary officers
   159.    Special inquiries
   159A.   Inquiries by Director-General into public sector agencies
   160.    Certain other Acts not to be affected
   161.    Minister’s powers to control staff and work of Department not affected
   162.    Delegation by Minister
   162A.   Personal liability of Commissioner and certain other persons
   163.    Proceedings for offences
   164.    Regulations
   165.    Repeals
   166.    Savings, transitional and other provisions
           167-169. (Repealed)
   170.    Review of Act
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 2A
           SCHEDULE 2B
           SCHEDULE 3
           SCHEDULE 3A
           SCHEDULE 4
           Schedule 7 (Repealed)