{"id":"nsw:act-2013-040","name":"Government Sector Employment Act 2013","slug":"government-sector-employment-act-2013","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"40 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30113,"registerId":"nsw-act-2013-040-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act—\n> > \n> > Department means a Department of the Public Service listed in Part 1 of Schedule 1.\n> > \n> > financial year means a period of 12 months starting on 1 July.\n> > \n> > function includes a power, authority or duty, and exercise a function includes perform a duty.\n> > \n> > government sector comprises all of the following (other than any service in which persons excluded from this Act by section 5 are employed)—\n> > \n> > > (a) the Public Service,\n> > \n> > > (b) the Teaching Service,\n> > \n> > > (c) the NSW Police Force,\n> > \n> > > (d) the NSW Health Service,\n> > \n> > > (e) the Transport Service of New South Wales,\n> > \n> > > (f) any other service of the Crown (including the service of any NSW government agency),\n> > \n> > > (g) the service of any other person or body constituted by or under an Act or exercising public functions (such as a State owned corporation), being a person or body that is prescribed by the regulations for the purposes of this definition.\n> > \n> > government sector agency means—\n> > \n> > > (a) in the case of the Public Service—a Public Service agency, or\n> > \n> > > (b) in the case of any other service in the government sector—the group of staff comprising the service or (subject to the regulations) any separate group of that staff,\n> > \n> > and the head of a government sector agency means the head of the Public Service agency (where paragraph (a) applies) or the person who exercises employer functions in relation to the relevant staff (where paragraph (b) applies).\n> > \n> > government sector employment rules means rules made by the Commissioner under section 12.\n> > \n> > head of a Public Service agency means—\n> > \n> > > (a) in the case of a Department—the Secretary of the Department, or\n> > \n> > > (b) in any other case—the head of the agency listed in Part 2 or 3 of Schedule 1.\n> > \n> > Public Service means the Public Service of New South Wales referred to in Part 4.\n> > \n> > Public Service agency means—\n> > \n> > > (a) a Department, or\n> > \n> > > (b) a Public Service executive agency (being an agency related to a Department), or\n> > \n> > > (c) a separate Public Service agency.\n> > \n> > Public Service Commission Advisory Board (or Advisory Board) means the Public Service Commission Advisory Board established under Division 2 of Part 3.\n> > \n> > Public Service Commissioner (or Commissioner) means the Public Service Commissioner appointed under Division 1 of Part 3.\n> > \n> > Public Service employee means a person employed in ongoing, term, temporary, casual or other employment, or on secondment, in a Public Service agency (and employee of a Public Service agency means a person so employed, or on secondment, in the Public Service agency).\n> > \n> > Public Service executive agency related to a Department means a Public Service agency listed in Part 2 of Schedule 1.\n> > \n> > Public Service senior executive means the Secretary of a Department and any other Public Service employee to whom Division 4 of Part 4 applies.\n> > \n> > resignation includes retirement.\n> > \n> > role of an employee means the duties and responsibilities of the employee.\n> > \n> > senior executive bands determination means a determination made by the Minister under section 35.\n> > \n> > separate Public Service agency means a Public Service agency listed in Part 3 of Schedule 1.\n> > \n> > Note.\n> > \n> > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.\n> \n> > (2) Notes included in this Act do not form part of this Act.\n> \n> **s 3:** Am 2016 No 2, Sch 1 \\[1\\]; 2024 No 35, Sch 1\\[1\\].","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Objects of Act","content":"#### 4 Objects of Act\n\n4 Objects of Act\n\n> The objects of this Act are as follows—\n> \n> > (a) to develop a modern high performing government sector—\n> > \n> > > (i) that is efficient and effective in serving the Government in the delivery of services to the people of New South Wales, and\n> > \n> > > (ii) that has effective and fair employment arrangements, management and leadership,\n> \n> > (b) to establish the Public Service as the general service within the government sector,\n> \n> > (c) to provide transparent governance and employment arrangements for the Public Service, including providing for the employer functions and responsibilities of heads of Public Service agencies,\n> \n> > (d) to establish an ethical framework for the government sector comprising core values and principles that guide their implementation,\n> \n> > (e) to make provision for the objectives, functions and responsibilities of the Public Service Commissioner.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Persons to whom Act does not apply","content":"#### 5 Persons to whom Act does not apply\n\n5 Persons to whom Act does not apply\n\n> > (1) This Act does not apply to any of the following—\n> > \n> > > (a) a judicial officer within the meaning of the [Judicial Officers Act 1986](/view/html/inforce/current/act-1986-100),\n> > \n> > > (b) an officer or employee of either House of Parliament or any officer or employee under the separate control of the President or Speaker, or under their joint control,\n> > \n> > > (c) persons employed under the [Members of Parliament Staff Act 2013](/view/html/inforce/current/act-2013-041),\n> > \n> > > (d) staff of the Independent Commission Against Corruption employed under the [Independent Commission Against Corruption Act 1988](/view/html/inforce/current/act-1988-035),\n> > \n> > > (e) staff of the Audit Office employed under the [Government Sector Audit Act 1983](/view/html/inforce/current/act-1983-152),\n> > \n> > > (f) staff of the Judicial Commission employed under the [Judicial Officers Act 1986](/view/html/inforce/current/act-1986-100).\n> \n> > (2) However, provisions of this Act apply to the extent that this Act expressly so provides.\n> \n> **s 5:** Am 2016 No 2, Sch 1 \\[2\\]; 2018 No 70, Sch 4.42; 2025 No 48, Sch 4.5.","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Ethical framework for the government sector","content":"# Part 2 Ethical framework for the government sector\n\nPart 2 Ethical framework for the government sector","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Objective of Part","content":"#### 6 Objective of Part\n\n6 Objective of Part\n\n> This Part—\n> \n> > (a) recognises the role of the government sector in preserving the public interest, defending public value and adding professional quality and value to the commitments of the Government of the day, and\n> \n> > (b) establishes an ethical framework for a merit-based, apolitical and professional government sector that implements the decisions of the Government of the day.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Government sector core values","content":"#### 7 Government sector core values\n\n7 Government sector core values\n\n> The core values for the government sector and the principles that guide their implementation are as follows—\n> \n> > Integrity\n> \n> > > (a) Consider people equally without prejudice or favour.\n> > \n> > > (b) Act professionally with honesty, consistency and impartiality.\n> > \n> > > (c) Take responsibility for situations, showing leadership and courage.\n> > \n> > > (d) Place the public interest over personal interest.\n> \n> > Trust\n> \n> > > (a) Appreciate difference and welcome learning from others.\n> > \n> > > (b) Build relationships based on mutual respect.\n> > \n> > > (c) Uphold the law, institutions of government and democratic principles.\n> > \n> > > (d) Communicate intentions clearly and invite teamwork and collaboration.\n> > \n> > > (e) Provide apolitical and non-partisan advice.\n> \n> > Service\n> \n> > > (a) Provide services fairly with a focus on customer needs.\n> > \n> > > (b) Be flexible, innovative and reliable in service delivery.\n> > \n> > > (c) Engage with the not-for-profit and business sectors to develop and implement service solutions.\n> > \n> > > (d) Focus on quality while maximising service delivery.\n> \n> > Accountability\n> \n> > > (a) Recruit and promote employees on merit.\n> > \n> > > (b) Take responsibility for decisions and actions.\n> > \n> > > (c) Provide transparency to enable public scrutiny.\n> > \n> > > (d) Observe standards for safety.\n> > \n> > > (e) Be fiscally responsible and focus on efficient, effective and prudent use of resources.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"General provisions","content":"#### 8 General provisions\n\n8 General provisions\n\n> > (1) The Public Service Commissioner has the function of promoting and maintaining the government sector core values.\n> \n> > (2) There is no hierarchy among the core values and each is of equal importance.\n> \n> > (3) Nothing in this Part gives rise to, or can be taken into account in, any civil cause of action.","sortOrder":9},{"sectionNumber":"Part 2A","sectionType":"part","heading":"Code of ethics and conduct","content":"# Part 2A Code of ethics and conduct\n\nPart 2A Code of ethics and conduct\n\n**pt 2A:** Ins 2022 No 76, Sch 1\\[1\\].","sortOrder":10},{"sectionNumber":"8A","sectionType":"section","heading":"Code of ethics and conduct","content":"#### 8A Code of ethics and conduct\n\n8A Code of ethics and conduct\n\n> > (1) The Commissioner may, by order published in the Gazette, adopt a code of ethics and conduct.\n> \n> > (2) Before adopting a code of ethics and conduct, the Commissioner must consult the industrial organisations that represent government sector employees and the peak body of those industrial organisations about the proposed code or ensure those industrial organisations and the peak body are consulted.\n> \n> > (3) Government sector employees must comply with a code adopted under this section.\n> > \n> > Note—\n> > \n> > A contravention of a code adopted under this section, being an instrument under this Act, may be misconduct for the purposes of section 69.\n> \n> > (4) In this section—\n> > \n> > Government sector employee means a person employed in ongoing, term, temporary, casual or other employment, or on secondment, in a government sector agency.\n> > \n> > industrial organisation means—\n> > \n> > > (a) an industrial organisation of employees within the meaning of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017), or\n> > \n> > > (b) an association of employees registered as an organisation under the [Fair Work (Registered Organisations) Act 2009](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> **s 8A:** Ins 2022 No 76, Sch 1\\[1\\].","sortOrder":11},{"sectionNumber":"Part 3","sectionType":"part","heading":"Public Service Commissioner and Advisory Board","content":"# Part 3 Public Service Commissioner and Advisory Board\n\nPart 3 Public Service Commissioner and Advisory Board","sortOrder":12},{"sectionNumber":"Division 1","sectionType":"division","heading":"Public Service Commissioner","content":"## Division 1 Public Service Commissioner\n\nDivision 1 Public Service Commissioner","sortOrder":13},{"sectionNumber":"9","sectionType":"section","heading":"Appointment of Commissioner etc","content":"#### 9 Appointment of Commissioner etc\n\n9 Appointment of Commissioner etc\n\n> > (1) The Governor may appoint a Public Service Commissioner.\n> \n> > (2) A person may only be appointed as Commissioner if the Advisory Board has recommended to the Premier that the person be appointed as the Commissioner.\n> \n> > (3) The Governor may remove the Commissioner from office for incapacity, incompetence or misbehaviour.\n> \n> > (4) The Commissioner may only be removed from office—\n> > \n> > > (a) following an independent review of the performance or conduct of the Commissioner, and\n> > \n> > > (b) if the Advisory Board has recommended to the Premier that the Commissioner be removed from office.\n> \n> > (5) Any such independent review may be initiated—\n> > \n> > > (a) by the Advisory Board at the request of the Premier, or\n> > \n> > > (b) by the Premier.\n> \n> > (6) An independent review of the performance or conduct of the Commissioner is not required under this section before the Commissioner can be removed from office if the performance or conduct giving rise to the Advisory Board’s recommendation for removal has been the subject of—\n> > \n> > > (a) an inquiry and report by the Independent Commission Against Corruption, a Royal Commission, a Special Commission of Inquiry or other body constituted by a judicial officer, or\n> > \n> > > (b) a finding by a court.\n> \n> > (7) The Premier is, if the Commissioner is removed from office, to cause the reasons for the removal to be tabled in both Houses of Parliament.\n> \n> > (8) The Commissioner must not be present during any deliberation of the Advisory Board on any matter that relates to the making of a recommendation under this section.\n> \n> > (9) Schedule 2 contains provisions relating to the Commissioner.","sortOrder":14},{"sectionNumber":"10","sectionType":"section","heading":"Principal objectives of Commissioner","content":"#### 10 Principal objectives of Commissioner\n\n10 Principal objectives of Commissioner\n\n> The principal objectives of the Commissioner are as follows—\n> \n> > (a) to promote and maintain the highest levels of integrity, impartiality, accountability and leadership across the government sector,\n> \n> > (b) to ensure that government sector recruitment and selection processes comply with the merit principle and adhere to professional standards,\n> \n> > (c) to foster a public service culture in which integrity, trust, service and accountability are strongly valued,\n> \n> > (d) to build public confidence in the government sector.\n> \n> **s 10:** Subst 2024 No 35, Sch 1\\[2\\].","sortOrder":15},{"sectionNumber":"11","sectionType":"section","heading":"General functions of Commissioner","content":"#### 11 General functions of Commissioner\n\n11 General functions of Commissioner\n\n> > (1) The Commissioner has the function of leading the strategic development and management of the government sector workforce in relation to the following—\n> > \n> > > (a) recruitment, particularly compliance with the requirements relating to appointment and promotion on merit,\n> > \n> > > (b) equity and diversity, including strategies to ensure the government sector reflects the diversity of the wider community,\n> > \n> > > (c) general conduct and compliance with ethical practices,\n> > \n> > > (d) learning and development,\n> > \n> > > (e) executive employment arrangements.\n> \n> > (2) The Commissioner has and may exercise such other functions as are conferred or imposed on the Commissioner by or under this or any other Act.\n> > \n> > Note.\n> > \n> > Other functions of the Commissioner include promoting and maintaining the government sector core values (see section 7); making government sector employment rules under section 12; giving directions to government sector agencies under section 13; assigning a senior executive to a role in a Public Service agency under section 38; reporting on workforce diversity under section 63 and conducting inquiries under section 83.\n> \n> > (3) The Commissioner is to exercise his or her functions in accordance with the general policies and strategic directions determined by the Public Service Commission Advisory Board.\n> \n> **s 11:** Am 2024 No 35, Sch 1\\[3\\].","sortOrder":16},{"sectionNumber":"12","sectionType":"section","heading":"Government sector employment rules","content":"#### 12 Government sector employment rules\n\n12 Government sector employment rules\n\n> > (1) The Commissioner may make government sector employment rules, not inconsistent with this Act and the regulations, on any matter for which any such rules are authorised to be made by or under this or any other Act.\n> \n> > (2) The Commissioner may amend or repeal a government sector employment rule by a further rule.\n> \n> > (3) Government sector employment rules (including any amendment or repeal) are to be published on the NSW legislation website and take effect on the date they are so published or on any later specified date.\n> \n> **s 12:** Am 2016 No 2, Sch 1 \\[3\\].","sortOrder":17},{"sectionNumber":"13","sectionType":"section","heading":"Directions by Commissioner to heads of government sector agencies","content":"#### 13 Directions by Commissioner to heads of government sector agencies\n\n13 Directions by Commissioner to heads of government sector agencies\n\n> > (1) The Commissioner may, for the purposes of exercising his or her functions or ensuring compliance with this Act, the regulations and the government sector employment rules, give a direction in writing to the head of a government sector agency on a specific matter in relation to the employees of that agency.\n> \n> > (1A) If any such direction is given to the Secretary of a Department, the direction may extend to the Public Service senior executives employed in a Public Service executive agency related to the Department.\n> \n> > (2) Before giving a direction the Commissioner is to consult the head of the government sector agency to whom the direction is to be given and such other persons affected by the direction as the Commissioner considers appropriate.\n> \n> > (3) The head of the government sector agency to whom a direction under this section is given must comply with the direction.\n> \n> > (4) However, the head of a separate Public Service agency is not required to comply with the direction if the head considers that the direction is not consistent with the independent exercise of statutory functions by the head and the agency. The head is required to report to any Parliamentary Committee that oversees the exercise of those functions on the reasons for any non-compliance with the substantive employment outcomes sought by the direction.\n> \n> > (5) A direction under this section—\n> > \n> > > (a) must not be inconsistent with this Act (including the regulations and the government sector employment rules) or with the principal objectives of the Commissioner referred to in this Division, and\n> > \n> > > (b) must be made publicly available by the Commissioner as soon as practicable after it is given.\n> \n> **s 13:** Am 2016 No 2, Sch 1 \\[4\\].","sortOrder":18},{"sectionNumber":"14","sectionType":"section","heading":"Commissioner to report to Premier","content":"#### 14 Commissioner to report to Premier\n\n14 Commissioner to report to Premier\n\n> > (1) The Commissioner is to report to the Premier in connection with the exercise of the Commissioner’s functions but is not subject to the control and direction of the Premier in the exercise of those functions.\n> \n> > (2) This section does not limit any other provisions of this Act relating to the exercise of the functions of the Premier or the Commissioner.","sortOrder":19},{"sectionNumber":"15","sectionType":"section","heading":"Annual report of the Commissioner","content":"#### 15 Annual report of the Commissioner\n\n15 Annual report of the Commissioner\n\n> > (1) The Commissioner must, as soon as practicable after 30 June in each financial year, give to the Premier a report on the Commissioner’s work and activities for the financial year.\n> \n> > (2) (Repealed)\n> \n> > (3) The Premier is to table any report under this section, or cause it to be tabled, in both Houses of Parliament as soon as practicable after it is received by the Premier.\n> \n> **s 15:** Am 2024 No 35, Sch 1\\[4\\].","sortOrder":20},{"sectionNumber":"16","sectionType":"section","heading":"Provision of reports and information by agencies","content":"#### 16 Provision of reports and information by agencies\n\n16 Provision of reports and information by agencies\n\n> > (1) The Commissioner may require the head of a government sector agency to provide the Commissioner with a report on such matters relating to the employees of the agency, or to the employment policies and practices of the agency, as the Commissioner requires.\n> \n> > (1A) If the Secretary of a Department is required to provide any such report, the requirement may extend to the Public Service senior executives employed in a Public Service executive agency related to the Department.\n> \n> > (2) The Commissioner may also require the head of a government sector agency to provide the Commissioner with information collected or held by the agency in dealing with matters relating to government sector employees.\n> \n> > (3) The head of the government sector agency concerned must comply with a requirement under this section within such time and in such manner as the Commissioner directs.\n> \n> > (4) Any law relating to the protection of personal information (within the meaning of the [Privacy and Personal Information Protection Act 1998](/view/html/inforce/current/act-1998-133)) does not operate to prevent the furnishing of information, or affect a duty to furnish information, under this section.\n> \n> > (5) In this section, government sector agency includes any person or body, constituted by or under an Act, that is prescribed by the regulations for the purposes of this section, and the head of any such prescribed agency means the person prescribed by the regulations in relation to that agency.\n> \n> **s 16:** Am 2016 No 2, Sch 1 \\[5\\].","sortOrder":21},{"sectionNumber":"17","sectionType":"section","heading":"Miscellaneous provisions relating to Commissioner","content":"#### 17 Miscellaneous provisions relating to Commissioner\n\n17 Miscellaneous provisions relating to Commissioner\n\n> > (1) Persons may be employed in the Public Service to enable the Commissioner to exercise his or her functions. Those persons may be referred to as the staff of the Commissioner or as employees of the Public Service agency in which they are employed.\n> \n> > (2) The Commissioner may delegate the exercise of any function of the Commissioner (other than this power of delegation) to—\n> > \n> > > (a) the head of any government sector agency or an employee of any government sector agency, or\n> > \n> > > (b) any person, or any class of persons, authorised for the purposes of this section by the regulations.\n> \n> > (3) The Commissioner must arrange for information about the Commissioner’s functions and the work of the Commissioner to be published on a NSW Government website.\n> \n> > (4) The government sector employment rules may deal with any requirement under this Act for the approval or concurrence of the Commissioner, or for consultation with the Commissioner, and may provide for the circumstances in which the approval, concurrence or consultation is not required.\n> \n> > (5) The Commissioner is, to the extent that it is reasonable and practicable to do so, to remove any personal information from any report or other document prepared by the Commissioner under this Part that is, or is to be, publicly available. In this subsection, personal information means information about an individual whose identity is apparent, or can reasonably be ascertained, from the information.\n> \n> > (6) The regulations may make provision with respect to the exercise of the functions of the Commissioner.\n> \n> **s 17:** Am 2024 No 35, Sch 1\\[5\\].","sortOrder":22},{"sectionNumber":"Division 2","sectionType":"division","heading":"Public Service Commission Advisory Board","content":"## Division 2 Public Service Commission Advisory Board\n\nDivision 2 Public Service Commission Advisory Board","sortOrder":23},{"sectionNumber":"18","sectionType":"section","heading":"Establishment and members of Advisory Board","content":"#### 18 Establishment and members of Advisory Board\n\n18 Establishment and members of Advisory Board\n\n> > (1) There is to be a Public Service Commission Advisory Board.\n> \n> > (2) The Advisory Board is to consist of the following members—\n> > \n> > > (a) a person appointed by the Premier as the Chairperson of the Advisory Board,\n> > \n> > > (b) 4 other persons appointed by the Premier,\n> > \n> > > (c) the Commissioner or a senior member of the staff of the Commissioner nominated by the Commissioner,\n> > \n> > > (d) the Secretary of the Premier’s Department or a senior employee of that Department nominated by the Secretary,\n> > \n> > > (e) the Secretary of the Treasury or a senior employee of the Treasury nominated by the Secretary.\n> \n> > (3) The members appointed by the Premier are to be persons who together have expertise in human resources management, probity and accountability, strategic planning, budget and performance management and service delivery in the public, private, tertiary and not-for-profit sectors.\n> \n> > (4) Schedule 3 contains provisions relating to the members and procedure of the Advisory Board.\n> \n> **s 18:** Am 2016 No 2, Sch 1 \\[6\\]; 2023 No 35, Sch 4.14\\[1\\].","sortOrder":24},{"sectionNumber":"19","sectionType":"section","heading":"Functions of Advisory Board","content":"#### 19 Functions of Advisory Board\n\n19 Functions of Advisory Board\n\n> > (1) The Advisory Board has the following functions—\n> > \n> > > (a) to determine general policies and strategic directions in relation to the functions of the Commissioner,\n> > \n> > > (b) to provide the Premier, either at the request of the Premier or on its own initiative, with advice on any matter relating to the management and performance of the government sector.\n> \n> > (2) The Advisory Board has such other functions as are conferred or imposed on it by or under this or any other Act.","sortOrder":25},{"sectionNumber":"Part 4","sectionType":"part","heading":"The Public Service","content":"# Part 4 The Public Service\n\nPart 4 The Public Service","sortOrder":26},{"sectionNumber":"20","sectionType":"section","heading":"The Public Service","content":"#### 20 The Public Service\n\n20 The Public Service\n\n> The Public Service of New South Wales consists of those persons who are employed under this Part by the Government of New South Wales in the service of the Crown.\n> \n> Note.\n> \n> See section 47A of the [Constitution Act 1902](/view/html/inforce/current/act-1902-032).","sortOrder":28},{"sectionNumber":"21","sectionType":"section","heading":"Employment in the Public Service","content":"#### 21 Employment in the Public Service\n\n21 Employment in the Public Service\n\n> > (1) The Government of New South Wales may employ persons in the Public Service in accordance with this and any other Act or law.\n> \n> > (2) Persons may be so employed for the following purposes—\n> > \n> > > (a) to enable Ministers to exercise their functions,\n> > \n> > > (b) to enable statutory bodies or statutory officers to exercise their functions,\n> > \n> > > (c) for any other purpose.\n> \n> > (3) This section does not affect any other means (statutory or otherwise) by which a person may be employed in the service of the Crown.\n> \n> Note.\n> \n> Other ways in which persons are employed in the service of the Crown include employment in the Teaching Service, the NSW Health Service or the NSW Police Force—see definition of government sector in section 3.","sortOrder":29},{"sectionNumber":"22","sectionType":"section","heading":"Departments and other Public Service agencies","content":"#### 22 Departments and other Public Service agencies\n\n22 Departments and other Public Service agencies\n\n> > (1) Public Service employees are employed in—\n> > \n> > > (a) Departments (listed in Part 1 of Schedule 1), or\n> > \n> > > (b) Public Service executive agencies related to Departments (listed in Part 2 of Schedule 1), or\n> > \n> > > (c) separate Public Service agencies (listed in Part 3 of Schedule 1).\n> \n> > (2) A Department or other Public Service agency may comprise such branches or other groups of employees as the Secretary of the Department or the head of the other agency determines from time to time.\n> \n> > (3) Part 7 of the [Constitution Act 1902](/view/html/inforce/current/act-1902-032) authorises the amendment of Schedule 1 by an administrative arrangements order under that Part. Any such order may also amend Schedule 1 to specify, change or remove the Department to which a Public Service agency is related.\n> \n> Note.\n> \n> An administrative arrangements order may create, abolish or change the name of Departments and other Public Service agencies and transfer employees between agencies.","sortOrder":30},{"sectionNumber":"23","sectionType":"section","heading":"Secretaries of Departments","content":"#### 23 Secretaries of Departments\n\n23 Secretaries of Departments\n\n> > (1) The head of a Department is the Secretary of the Department.\n> \n> > (2) The office of Secretary of a Department is established by this section.\n> \n> > (3) If a Department is abolished or its name is changed, the office of Secretary of the Department is taken to be abolished or its name correspondingly changed by the operation of this section.\n> \n> > (4) Appointments to the office of Secretary of a Department are to be made by the Minister.\n> > \n> > Note.\n> > \n> > The Minister may delegate the function of appointing Secretaries—see section 81.\n> \n> > (5) The appointment of a person to the office of Secretary of a Department is to be made by a contract of employment (under Division 4) between that person and the person who makes the appointment. The person so appointed is a Public Service employee who is employed in the Department.\n> \n> > (6) The Minister may, subject to this and any other Act or law, exercise on behalf of the Government of New South Wales the employer functions of the Government (as referred to in section 26(3)) in relation to the Secretary of a Department.\n> \n> **s 23:** Am 2016 No 2, Sch 1 \\[7\\].","sortOrder":32},{"sectionNumber":"24","sectionType":"section","heading":"Acting appointments as Secretary of a Department","content":"#### 24 Acting appointments as Secretary of a Department\n\n24 Acting appointments as Secretary of a Department\n\n> > (1) The Minister may appoint a Public Service employee to act as the Secretary of a Department if the office of the Secretary is vacant or if the Secretary is unavailable.\n> \n> > (2) A person, while acting as the Secretary of a Department, has all the functions of the Secretary.\n> \n> > (3) The Minister may, at any time, terminate an acting appointment.\n> \n> > (4) The regulations may make provision with respect to the conditions of employment of a person acting as the Secretary of a Department.","sortOrder":33},{"sectionNumber":"25","sectionType":"section","heading":"Role and responsibilities of Secretaries of Departments","content":"#### 25 Role and responsibilities of Secretaries of Departments\n\n25 Role and responsibilities of Secretaries of Departments\n\n> > (1) The Secretary of a Department is responsible to the Minister or Ministers to whom the Department is responsible for the general conduct and management of the functions and activities of the Department in accordance with the government sector core values under Part 2.\n> > \n> > Note.\n> > \n> > Section 50C of the [Constitution Act 1902](/view/html/inforce/current/act-1902-032) provides for the designation of the Minister or Ministers to whom a Department is responsible.\n> \n> > (2) Any action taken in the exercise of a responsibility under this section is not to be inconsistent with the functions conferred by this Act on a Minister administering this Act or the Public Service Commissioner.\n> > \n> > Note.\n> > \n> > The Secretary of a Department is also responsible for workforce diversity under Part 5.\n> \n> > (3) The role of a Secretary of a Department includes, but is not limited to, the following—\n> > \n> > > (a) policy adviser—acting as principal official policy adviser to the Minister or Ministers to whom the Secretary is responsible,\n> > \n> > > (b) manager—ensuring the delivery of the Government’s policies and programs and collaborating with other agencies across the government sector to achieve the Government’s stated outcomes,\n> > \n> > > (c) leader—providing stewardship within the Department and, in partnership with other Secretaries and the Public Service Commissioner, across the government sector,\n> > \n> > > (d) employer—exercising the employer functions of Government under this Act,\n> > > \n> > > Note—\n> > > \n> > > See section 26.\n> > \n> > > (e) other roles conferred or imposed on the Secretary by or under this or another Act or another law.\n> \n> > (4) Without limiting subsection (1), the responsibilities of a Secretary of a Department also include the following—\n> > \n> > > (a) to manage the affairs of the Department efficiently, effectively and ethically,\n> > \n> > > (b) to provide frank and fearless advice to the Minister or Ministers to whom the Secretary is responsible about matters relating to the Department and its related agencies,\n> > \n> > > (c) to implement measures to ensure the Department complies with the law,\n> > \n> > > (d) to provide leadership, strategic direction and a focus on results for the Department,\n> > \n> > > (e) to maintain clear lines of communication with the heads of the Department’s related agencies,\n> > \n> > > (f) to engage with stakeholders, particularly in relation to the core activities of the Department,\n> > \n> > > (g) to ensure that the Department has a strong strategic policy capability that can consider complex, whole-of-government issues,\n> > \n> > > (h) to assist Ministers in fulfilling Ministerial accountability obligations to Parliament in providing factual information in relation to the operation and administration of the Department,\n> > \n> > > (i) to accept and take other responsibilities conferred or imposed on the Secretary by or under this or another Act or another law.\n> \n> **s 25:** Am 2022 No 76, Schs 1\\[2\\] \\[3\\], 2\\[1\\].","sortOrder":34},{"sectionNumber":"26","sectionType":"section","heading":"Employer functions of Secretaries of Departments","content":"#### 26 Employer functions of Secretaries of Departments\n\n26 Employer functions of Secretaries of Departments\n\n> > (1) The Secretary of a Department may, subject to this and any other Act or law, exercise on behalf of the Government of New South Wales the employer functions of the Government in relation to the following—\n> > \n> > > (a) the Public Service senior executives assigned to roles in the Department,\n> > \n> > > (b) the other employees of the Department,\n> > \n> > > (c) the head of each Public Service executive agency related to the Department unless—\n> > > \n> > > > (i) the office of the head is a statutory office established by another Act, or\n> > > \n> > > > (ii) the head is the Secretary, or\n> > > \n> > > > (iii) Schedule 1 provides that some other person exercises the employer functions in relation to the head,\n> > \n> > > (d) the Public Service senior executives assigned to roles in each Public Service executive agency related to the Department.\n> \n> > (2) (Repealed)\n> \n> > (3) The employer functions of the Government are all the functions of an employer in respect of employees, including (without limitation) the power to employ persons, to assign them to roles and to terminate their employment.\n> \n> > (4) In the exercise of the employer functions referred to in subsection (1), a Secretary of a Department is not subject to the direction or control of a Minister.\n> \n> Note.\n> \n> Division 6 confers on the Industrial Relations Secretary employer functions relating to the determination of the conditions of employment of, and other industrial matters relating to, Public Service employees.\n> \n> **s 26:** Am 2016 No 2, Sch 1 \\[8\\]; 2022 No 76, Sch 1\\[4\\].","sortOrder":35},{"sectionNumber":"27","sectionType":"section","heading":"Delegation by Secretaries of Departments","content":"#### 27 Delegation by Secretaries of Departments\n\n27 Delegation by Secretaries of Departments\n\n> > (1) The Secretary of a Department may delegate to any employee of the Department or of any other Public Service agency or to any statutory officer—\n> > \n> > > (a) any of the functions of the Secretary under this Act (other than this power of delegation), and\n> > \n> > > (b) any employer functions under any other Act or law that the Secretary exercises on behalf of the Government of New South Wales in relation to Public Service employees.\n> \n> > (2) If—\n> > \n> > > (a) a function of the Secretary of a Department is delegated to an employee or officer in accordance with subsection (1), and\n> > \n> > > (b) the instrument of delegation authorises the sub-delegation of the function,\n> > \n> > then, subject to any conditions to which the delegation is subject, the employee or officer may sub-delegate the function to another employee of the Department or of any other Public Service agency or to a statutory officer.\n> \n> > (3) For the purposes of this section, the functions of the Secretary of a Department include any functions delegated to the Secretary under this Act.\n> \n> > (4) The government sector employment rules may limit a power of delegation or sub-delegation under this section.","sortOrder":36},{"sectionNumber":"Division 3","sectionType":"division","heading":"Heads of other Public Service agencies","content":"## Division 3 Heads of other Public Service agencies\n\nDivision 3 Heads of other Public Service agencies","sortOrder":37},{"sectionNumber":"28","sectionType":"section","heading":"Heads of agencies other than Departments","content":"#### 28 Heads of agencies other than Departments\n\n28 Heads of agencies other than Departments\n\n> > (1) The head of a Public Service agency (other than a Department) is the holder of the office specified in Part 2 or 3 of Schedule 1 in relation to the agency concerned.\n> \n> > (2) The Secretary of a Department may be specified as the head of any other Public Service agency and the same person may be specified as the head of more than one agency.\n> \n> > (3) An administrative arrangements order under Part 7 of the [Constitution Act 1902](/view/html/inforce/current/act-1902-032) may amend Schedule 1 to specify or change the head of a Public Service agency (other than a Department).\n> \n> > (4) The office of head of a Public Service agency (other than a Department) is established by this section, unless it is a statutory office created by another provision of this Act or by any other Act.\n> > \n> > Note.\n> > \n> > The statutory offices established by another provision of this Act or by any other Act are identified in Part 2 or 3 of Schedule 1. Accordingly, the following provisions of this section do not apply to any such head of an agency.\n> \n> > (5) If the description of an office established by this section is omitted or changed by an amendment of Schedule 1, the office is taken to be abolished or its name correspondingly changed by the operation of this section.\n> \n> > (6) Appointments to an office of head established by this section are, subject to subsection (6A), to be made—\n> > \n> > > (a) in the case of a Public Service executive agency related to a Department—by the Secretary of the Department, or\n> > \n> > > (b) in the case of a separate Public Service agency—by the Minister.\n> \n> > (6A) If Schedule 1 provides that some other person exercises the employer functions of the Government of New South Wales in relation to the head—\n> > \n> > > (a) appointments to the office of the head are to be made by that other person, and\n> > \n> > > (b) that other person may delegate to an authorised person any of those employer functions (other than the power to appoint a person to the office of head of the agency concerned or to terminate the office holder’s employment).\n> > \n> > For the purposes of this subsection, authorised person means the holder of a statutory office, a person employed in the government sector or a person authorised by the regulations.\n> \n> > (7) The appointment of a person to an office of head established by this section is to be made by a contract of employment (under Division 4) between that person and the person who makes the appointment. The person so appointed is a Public Service employee who is employed in the Public Service agency concerned.\n> \n> **s 28:** Am 2016 No 2, Sch 1 \\[9\\].","sortOrder":38},{"sectionNumber":"29","sectionType":"section","heading":"Acting appointments as head of agency (other than Department)","content":"#### 29 Acting appointments as head of agency (other than Department)\n\n29 Acting appointments as head of agency (other than Department)\n\n> > (1) The person authorised to appoint the head of a Public Service agency (other than a Department) may appoint a Public Service employee to act as the head of the agency if the office of the head is vacant or if the head is unavailable (and no other person has been duly appointed to act as a statutory officer who is the head of that office).\n> \n> > (2) A person, while acting as the head of any such Public Service agency, has all the functions of the head.\n> \n> > (3) An acting appointment may be terminated, at any time, by the person who made the acting appointment.\n> \n> > (4) The regulations may make provision with respect to the conditions of employment of a person acting as the head of any such Public Service agency.","sortOrder":39},{"sectionNumber":"30","sectionType":"section","heading":"General responsibility of heads of agencies (other than Departments)","content":"#### 30 General responsibility of heads of agencies (other than Departments)\n\n30 General responsibility of heads of agencies (other than Departments)\n\n> > (1) The head of a Public Service agency (other than a Department) is responsible to the Minister or Ministers to whom the agency is responsible for the general conduct and management of the functions and activities of the agency in accordance with government sector core values under Part 2.\n> \n> > (2) Any action taken in the exercise of a responsibility under this section is not to be inconsistent with the functions conferred by this Act on a Minister administering this Act or the Public Service Commissioner.\n> > \n> > Note.\n> > \n> > The head of any such agency is also responsible for workforce diversity under Part 5.\n> \n> **s 30:** Am 2022 No 76, Sch 2\\[2\\].","sortOrder":40},{"sectionNumber":"31","sectionType":"section","heading":"Employer functions of heads of agencies (other than Departments)","content":"#### 31 Employer functions of heads of agencies (other than Departments)\n\n31 Employer functions of heads of agencies (other than Departments)\n\n> > (1) The head of a Public Service agency (other than a Department) may, subject to this and any other Act or law, exercise on behalf of the Government of New South Wales the employer functions of the Government in relation to the employees of the agency (other than Public Service senior executives of an agency that is related to a Department).\n> \n> > (2) The employer functions of the Government are all the functions of an employer in respect of employees, including (without limitation) the power to employ persons, to assign their roles and to terminate their employment.\n> \n> > (3) In the exercise of the employer functions referred to in subsection (1), a head of a Public Service agency is not subject to the direction or control of a Minister.\n> \n> Note.\n> \n> The Secretary of the relevant Department exercises employer functions in relation to Public Service senior executives of an agency that is related to the Department.\n> \n> Division 6 confers on the Industrial Relations Secretary employer functions relating to the determination of the conditions of employment of, and other industrial matters relating to, Public Service employees.\n> \n> **s 31:** Am 2022 No 76, Sch 1\\[5\\].","sortOrder":41},{"sectionNumber":"32","sectionType":"section","heading":"Delegation by heads of Public Service agencies (other than Departments)","content":"#### 32 Delegation by heads of Public Service agencies (other than Departments)\n\n32 Delegation by heads of Public Service agencies (other than Departments)\n\n> > (1) The head of a Public Service agency (other than a Department) may delegate to any employee of the agency or of any other Public Service agency or to a statutory officer—\n> > \n> > > (a) any of the functions of the head under this Act (other than this power of delegation), and\n> > \n> > > (b) any employer functions under any other Act or law that the head exercises on behalf of the Government of New South Wales in relation to Public Service employees.\n> \n> > (2) If—\n> > \n> > > (a) a function of the head of an agency is delegated to an employee or officer in accordance with subsection (1), and\n> > \n> > > (b) the instrument of delegation authorises the sub-delegation of the function,\n> > \n> > then, subject to any conditions to which the delegation is subject, the employee or officer may sub-delegate the function to another employee of the agency or of any other Public Service agency or to a statutory officer.\n> \n> > (3) For the purposes of this section, the functions of the head of an agency include any functions delegated to the head of the agency under this Act.\n> \n> > (4) The government sector employment rules may limit a power of delegation or sub-delegation under this section.","sortOrder":42},{"sectionNumber":"Division 4","sectionType":"division","heading":"Public Service senior executives","content":"## Division 4 Public Service senior executives\n\nDivision 4 Public Service senior executives","sortOrder":43},{"sectionNumber":"33","sectionType":"section","heading":"Application of Division","content":"#### 33 Application of Division\n\n33 Application of Division\n\n> > (1) This Division applies to the following—\n> > \n> > > (a) the Secretary of a Department,\n> > \n> > > (b) the head of any other Public Service agency if the head is an employee of the agency and not a statutory officer,\n> > \n> > > (c) any other employees of a Public Service agency who are employed in a Public Service senior executive band.\n> \n> > (2) For the purposes of this Act, the employees to whom this Division applies are Public Service senior executives.\n> \n> > (3) The person who is authorised by this Act to exercise the employer functions of the Government of New South Wales in relation to a Public Service senior executive is referred to in this Division as the employer of the executive.","sortOrder":44},{"sectionNumber":"34","sectionType":"section","heading":"Kinds of senior executive employment","content":"#### 34 Kinds of senior executive employment\n\n34 Kinds of senior executive employment\n\n> > (1) Employment as a Public Service senior executive may be any one of the following kinds of employment—\n> > \n> > > (a) ongoing employment,\n> > \n> > > (b) term employment.\n> \n> > (2) Ongoing employment is employment that continues until the executive resigns or his or her employment is terminated.\n> \n> > (3) Term employment is employment for a specified period or for the duration of a specified task (unless the executive sooner resigns or his or her employment is sooner terminated).","sortOrder":45},{"sectionNumber":"35","sectionType":"section","heading":"Minister may determine bands in which senior executives to be employed","content":"#### 35 Minister may determine bands in which senior executives to be employed\n\n35 Minister may determine bands in which senior executives to be employed\n\n> > (1) The Minister may from time to time determine the bands in which Public Service senior executives are to be employed (the senior executive bands determination).\n> \n> > (2) The senior executive bands determination may deal with matters related to bands.\n> \n> > (3) The Minister may amend or repeal the senior executive bands determination by a further determination.\n> \n> > (4) Before making, amending or repealing the senior executive bands determination, the Minister is to obtain the advice of the Commissioner.\n> \n> > (5) The senior executive bands determination (including any amendment or repeal) is to be published on the NSW legislation website and takes effect on the date it is so published or on any later specified date.\n> \n> Note.\n> \n> The senior executive bands determination also applies under relevant legislation relating to the employment of Transport Service senior executives, Police Force senior executives and Health Service senior executives.\n> \n> Editorial note.\n> \n> See [Government Sector Employment (Senior Executive Bands) Determination 2014](/view/html/inforce/current/sl-2014-0057).\n> \n> **s 35:** Am 2016 No 2, Sch 1 \\[10\\].","sortOrder":46},{"sectionNumber":"36","sectionType":"section","heading":"Government sector employment rules relating to senior executives","content":"#### 36 Government sector employment rules relating to senior executives\n\n36 Government sector employment rules relating to senior executives\n\n> The government sector employment rules may deal with any matter relating to the employment of Public Service senior executives, including (without limitation) the following matters—\n> \n> > (a) work level standards for roles in the bands in which those executives are employed,\n> \n> > (b) methods of job evaluation for the roles of those executives,\n> \n> > (c) capabilities for the roles of those executives,\n> \n> > (d) the assignment (including temporary assignment) of those executives to roles,\n> \n> > (e) contracts of employment of those executives and their contents.\n> \n> Note.\n> \n> The legislation under which Police Force senior executives, Health Service senior executives and Transport Service senior executives are employed also provides for the making of government sector employment rules under section 12 of this Act relating to the employment of those executives.\n> \n> **s 36:** Am 2016 No 2, Sch 1 \\[11\\] \\[12\\].","sortOrder":47},{"sectionNumber":"37","sectionType":"section","heading":"Employment of senior executives in bands","content":"#### 37 Employment of senior executives in bands\n\n37 Employment of senior executives in bands\n\n> > (1) A Public Service senior executive is to be employed in a band determined under the senior executive bands determination that the employer of the executive considers appropriate for the role of the executive.\n> \n> > (2) In determining the number of Public Service senior executives and the appropriate band in which they are employed, the employer is to apply the applicable work level standards and have regard to any guidance provided by the Commissioner.","sortOrder":48},{"sectionNumber":"38","sectionType":"section","heading":"Assignment of senior executives (other than heads of agencies) to roles in bands and classifications across government sector","content":"#### 38 Assignment of senior executives (other than heads of agencies) to roles in bands and classifications across government sector\n\n38 Assignment of senior executives (other than heads of agencies) to roles in bands and classifications across government sector\n\n> > (1) In this section—\n> > \n> > assign to a role includes assign to a different role.\n> > \n> > Public Service senior executive does not include the Secretary of a Department or the head of any other Public Service agency.\n> \n> > (2) A Public Service senior executive may, from time to time, be assigned as follows—\n> > \n> > > (a) to a role in any Public Service agency in the band in which the executive is employed,\n> > \n> > > (b) with the prior written consent of the executive—to a role in any Public Service agency in a lower band to the band in which the executive is employed,\n> > \n> > > (c) with the prior written consent of the executive—to a role in the Public Service agency in which the executive is employed in a classification of work in which Public Service non-executive employees are employed.\n> \n> > (2A) To avoid doubt, if a person is assigned to a role—\n> > \n> > > (a) under subsection (2)(b)—the person, on and from the assignment, is employed in the lower band, or\n> > \n> > > (b) under subsection (2)(c)—the person, on and from the assignment, ceases to be a Public Service senior executive and becomes a Public Service non-executive employee.\n> \n> > (3) A Public Service senior executive may be assigned to a role by the employer of the executive or by the Commissioner.\n> \n> > (4) Public Service senior executives may be assigned to roles to enable the flexible deployment of staff resources and to develop the capabilities of staff.\n> \n> > (4A) A Public Service senior executive employed in a Public Service agency may be assigned under this section to a role in another Public Service agency—\n> > \n> > > (a) by an agreement between the current employer of the executive and the person who will, on the assignment, be the employer of the executive, or\n> > \n> > > (b) by the Commissioner.\n> > \n> > In that case, the executive becomes an employee of the other agency.\n> \n> > (5) The Secretary of a Department is not to assign a Public Service senior executive to a role in a Public Service executive agency related to the Department without consulting the head of the agency.\n> \n> > (6) The Commissioner is not to assign a Public Service senior executive to a role in a Department or a Public Service executive agency related to a Department without consulting the Secretary of the Department and the head of any such agency.\n> \n> > (7) The Commissioner is not to assign a Public Service senior executive to a role in a separate Public Service agency without the agreement of the head of the agency.\n> \n> > (7A) A Public Service senior executive may—\n> > \n> > > (a) be transferred by the employer of the executive to the NSW Health Service (with the agreement of the Secretary of the Ministry of Health) and assigned to a role by that Secretary in the band in which the executive is employed, or\n> > > \n> > > Note.\n> > > \n> > > A Public Service senior executive may not be assigned to the role of chief executive of a local health district or specialty network governed health corporation except with the concurrence of the board of the organisation concerned—see section 121D(11) of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154).\n> > \n> > > (b) be transferred by the employer of the executive to the NSW Police Force (with the agreement of the Commissioner of Police) and assigned to a role (other than as a police officer) by the Commissioner of Police in the band in which the executive is employed, or\n> > \n> > > (c) be transferred by the employer of the executive to the Transport Service of New South Wales (with the agreement of the Secretary of the Department of Transport) and assigned to a role by that Secretary in the band in which the executive is employed.\n> \n> > (8) A Public Service senior executive is not to be assigned to a different role under subsection (2)(a) or transferred under subsection (7A) unless the executive has been consulted.\n> \n> > (9) The remuneration payable to a Public Service senior executive referred to in subsection (8) is not to be reduced because of the assignment to the different role without the prior written consent of the executive.\n> \n> > (10) The remuneration payable to the Public Service senior executive assigned under subsection (2)(b) or (c) is to be adjusted, on the commencement of the assignment, to a level appropriate for the lower band or classification of work.\n> \n> **s 38:** Am 2016 No 2, Sch 1 \\[13\\]–\\[16\\]; 2022 No 76, Sch 2\\[3\\]–\\[5\\].","sortOrder":49},{"sectionNumber":"39","sectionType":"section","heading":"Contract of employment of senior executives","content":"#### 39 Contract of employment of senior executives\n\n39 Contract of employment of senior executives\n\n> > (1) A Public Service senior executive is to be employed under a written contract of employment signed by the executive and by the employer on behalf of the Government.\n> \n> > (2) The government sector employment rules may deal with contracts of employment of Public Service senior executives and their contents.\n> \n> > (3) The government sector employment rules may prescribe model contracts of employment and may specify any model provisions that are mandatory and that prevail in the event of any inconsistency with the provisions of a contract of employment entered into after the commencement of those mandatory provisions.\n> \n> > (4) Subject to this Act, the government sector employment rules and any direction issued by the Commissioner under this Act, a contract of employment of a Public Service senior executive is to deal with the following matters—\n> > \n> > > (a) the band in which the executive is employed,\n> > \n> > > (b) (Repealed)\n> > \n> > > (c) the duration of the contract if the executive is not employed in ongoing employment,\n> > \n> > > (d) the total remuneration package of the executive (comprising monetary remuneration and employment benefits) and any allowances,\n> > \n> > > (e) performance obligations, and reviews of performance, of the executive,\n> > \n> > > (f) progression in the total remuneration package of the executive based on performance,\n> > \n> > > (g) leave and other conditions of employment of the executive,\n> > \n> > > (h) the compensation for any termination of employment of the executive by the employer (including the period to which the compensation relates),\n> > \n> > > (i) any other matter prescribed by the regulations.\n> \n> > (5) The contract of employment of a Public Service senior executive does not limit, and is not terminated or otherwise affected by—\n> > \n> > > (a) the transfer of the executive under section 38(7A) to the NSW Health Service, the NSW Police Force or the Transport Service of New South Wales, or\n> > \n> > > (b) the assignment of the executive to a different role or any other change to the title, place of work or duties of the executive.\n> \n> > (6) A contract of employment of a Public Service senior executive may, subject to this section, be varied at any time in accordance with the contract or by further agreement.\n> \n> > (7) The regulations may make provision with respect to the compensation (if any) to which a Public Service senior executive whose employment is terminated is entitled under his or her contract of employment. Any such regulation cannot reduce the amount of compensation to which a Public Service senior executive is entitled under a contract of employment entered into before the commencement of the regulation.\n> \n> **s 39:** Am 2016 No 2, Sch 1 \\[17\\]–\\[21\\].","sortOrder":50},{"sectionNumber":"40","sectionType":"section","heading":"Remuneration, benefits and allowances for senior executives","content":"#### 40 Remuneration, benefits and allowances for senior executives\n\n40 Remuneration, benefits and allowances for senior executives\n\n> > (1) The remuneration package of a Public Service senior executive must be within the range determined under the [Statutory and Other Offices Remuneration Act 1975](/view/html/inforce/current/act-1976-004) for the band in which the executive is employed.\n> \n> > (2) The kinds and value of employment benefits and the allowances for a Public Service senior executive are to be determined in accordance with the regulations or (subject to the regulations) by the Commissioner.\n> \n> > (3) A Public Service senior executive is only entitled to the remuneration, employment benefits or allowances provided in the executive’s contract of employment.\n> \n> > (4) For the purposes of this Division, employment benefits for a Public Service senior executive are—\n> > \n> > > (a) contributions by the executive’s employer to a superannuation scheme or fund of the executive, and\n> > \n> > > (b) other benefits provided to the executive at the cost of the executive’s employer that are of a private nature.\n> \n> > (5) For the purposes of this Division, allowances for a Public Service senior executive are allowances paid in money, other than allowances excluded by the government sector employment rules.\n> \n> **s 40:** Am 2016 No 2, Sch 1 \\[22\\].","sortOrder":51},{"sectionNumber":"41","sectionType":"section","heading":"Termination of employment of senior executives","content":"#### 41 Termination of employment of senior executives\n\n41 Termination of employment of senior executives\n\n> > (1) The employer of a Public Service senior executive may terminate the employment of the executive at any time, for any or no stated reason and without notice.\n> > \n> > Note.\n> > \n> > The employment of a senior executive may also be terminated for unsatisfactory performance under section 68 or for misconduct under section 69.\n> \n> > (2) A Public Service senior executive whose employment is terminated under this section is entitled to such compensation (if any) as may be provided in the contract of employment of the executive (and to no other compensation or entitlement for the termination of employment other than superannuation entitlements).\n> \n> > (3) A Public Service senior executive whose employment is so terminated is not to be employed in the public sector during the period specified in the contract of employment to which any such compensation relates unless arrangements have been made for a refund of the proportionate amount of the compensation.\n> \n> > (4) The employment of the head of a Public Service agency that is related to a Department may not be terminated under this section by the Secretary of the Department unless the Secretary has consulted the Commissioner.\n> \n> > (5) In this section—\n> > \n> > employment of a former executive in the public sector includes—\n> > \n> > > (a) engagement of the former executive as a consultant or contractor to the employer, and\n> > \n> > > (b) engagement of the former executive through a labour hire arrangement with the employer, and\n> > \n> > > (c) engagement of a company or partnership that provides the services of the former executive to the employer, and\n> > \n> > > (d) the appointment of the former executive to a statutory office.\n> > \n> > public sector means the government sector, the service of a State owned corporation (or a subsidiary), any service in which persons excluded from this Act by section 5 are employed or a statutory office.\n> \n> > (6) To avoid doubt, subsection (3) has effect despite another Act or law unless the other Act or law explicitly provides that the subsection does not apply.\n> \n> **s 41:** Am 2016 No 2, Sch 1 \\[23\\]–\\[27\\]; 2022 No 76, Sch 2\\[6\\] \\[7\\].","sortOrder":52},{"sectionNumber":"Division 5","sectionType":"division","heading":"Public Service employees (other than senior executives)","content":"## Division 5 Public Service employees (other than senior executives)\n\nDivision 5 Public Service employees (other than senior executives)","sortOrder":53},{"sectionNumber":"42","sectionType":"section","heading":"Application of Division","content":"#### 42 Application of Division\n\n42 Application of Division\n\n> > (1) This Division applies to Public Service employees other than Secretaries of Departments, heads of other Public Service agencies and other Public Service senior executives.\n> \n> > (2) The employees to whom this Division applies are referred to in this Division as Public Service non-executive employees.","sortOrder":54},{"sectionNumber":"43","sectionType":"section","heading":"Kinds of employment","content":"#### 43 Kinds of employment\n\n43 Kinds of employment\n\n> > (1) Employment as a Public Service non-executive employee may be any one of the following kinds of employment—\n> > \n> > > (a) ongoing employment,\n> > \n> > > (b) temporary employment,\n> > \n> > > (c) casual employment.\n> \n> > (2) Ongoing employment is employment that continues until the employee resigns or his or her employment is terminated.\n> \n> > (3) Temporary employment is employment for a temporary purpose.\n> \n> > (4) Casual employment is employment to carry out irregular, intermittent, short-term, urgent or other work as and when required.\n> \n> > (5) An employee who is employed to assist a specified judicial officer (or other specified officer of a kind prescribed by the regulations) may be employed on the basis that the person’s employment may be terminated when the officer ceases to hold office.","sortOrder":55},{"sectionNumber":"44","sectionType":"section","heading":null,"content":"#### 44\n\n44 (Repealed)","sortOrder":56},{"sectionNumber":"45","sectionType":"section","heading":"Employment in classifications of work","content":"#### 45 Employment in classifications of work\n\n45 Employment in classifications of work\n\n> > (1) Public Service non-executive employees are to be employed in a classification of work determined by the head of the Public Service agency in which the person is employed in accordance with this Act and any other Act or law.\n> > \n> > Note.\n> > \n> > See Division 6 in relation to classifications determined under industrial instruments.\n> \n> > (2) A classification of work extends to any kind of work and any grade of that work.","sortOrder":58},{"sectionNumber":"46","sectionType":"section","heading":"Assignment to roles in work classifications","content":"#### 46 Assignment to roles in work classifications\n\n46 Assignment to roles in work classifications\n\n> > (1) In this section—\n> > \n> > assign to a role includes assign to a different role.\n> \n> > (2) The head of a Public Service agency may from time to time assign Public Service non-executive employees of the agency to roles in the agency in the classification of work in which the employees are employed.\n> \n> > (3) Public Service non-executive employees may be assigned to roles to enable the flexible deployment of staff resources within the agency and to develop the capabilities of staff.\n> \n> > (4) A Public Service non-executive employee is not to be assigned to a different role unless the employee has been consulted. The remuneration payable to the employee is not to be reduced because of the assignment to the different role without the consent of the employee.","sortOrder":59},{"sectionNumber":"47","sectionType":"section","heading":"Termination of employment","content":"#### 47 Termination of employment\n\n47 Termination of employment\n\n> > (1) The head of a Public Service agency may, by instrument in writing, terminate the employment of a Public Service non-executive employee of the agency on any of the following grounds if the employment is ongoing employment—\n> > \n> > > (a) the employee has failed to meet a condition of engagement as an employee under section 54,\n> > \n> > > (b) the employee lacks, or has lost, an essential qualification for performing the duties of the role assigned to the employee,\n> > \n> > > (c) the performance of the employee is determined under section 68 to be unsatisfactory,\n> > \n> > > (d) the employee is unable to perform the duties of the role assigned to the employee because of physical or mental incapacity,\n> > \n> > > (e) the employee is retired on medical grounds under section 56,\n> > \n> > > (f) the employee has refused to perform the duties of the role assigned to the employee,\n> > \n> > > (g) the employee has abandoned his or her employment,\n> > \n> > > (h) a finding of misconduct has been made against the employee under section 69,\n> > \n> > > (i) (Repealed)\n> > \n> > > (j) the employee is determined in accordance with the regulations and the government sector employment rules to be excess to the requirements of the relevant part of the agency in which he or she is employed,\n> > \n> > > (k) on any other ground prescribed by the regulations.\n> > \n> > The instrument is to set out the ground or grounds on which the employment is terminated.\n> \n> > (2) The head of a Public Service agency may, by instrument in writing, terminate the employment of a Public Service non-executive employee of the agency at any time if the employment is not ongoing employment.\n> \n> **s 47:** Am 2016 No 2, Sch 1 \\[29\\]–\\[31\\].","sortOrder":60},{"sectionNumber":"48","sectionType":"section","heading":"Matters that government sector employment rules may deal with","content":"#### 48 Matters that government sector employment rules may deal with\n\n48 Matters that government sector employment rules may deal with\n\n> The government sector employment rules may deal with any matter relating to the employment of Public Service non-executive employees, including (without limitation) the following matters—\n> \n> > (a) the recruitment of any such employees (including the recruitment process and the application of the principle of employment on merit),\n> \n> > (b) the circumstances in which any such employees may be employed in particular kinds of employment,\n> \n> > (c) the conditions of engagement of any such employees,\n> \n> > (d) work level standards for roles in classifications of work in which any such employees are employed,\n> \n> > (e) methods of job evaluation for the roles of any such employees,\n> \n> > (f) capabilities for the roles of any such employees,\n> \n> > (g) the assignment of any such employees to roles (including temporary assignment to another role),\n> \n> > (h) (Repealed)\n> \n> > (i) the termination of employment of any such employees,\n> \n> > (j) dealing with any such employees who are excess employees.\n> \n> **s 48:** Am 2016 No 2, Sch 1 \\[32\\].","sortOrder":61},{"sectionNumber":"Division 6","sectionType":"division","heading":"Industrial relations employer functions","content":"## Division 6 Industrial relations employer functions\n\nDivision 6 Industrial relations employer functions","sortOrder":62},{"sectionNumber":"49","sectionType":"section","heading":"Interpretation and application: Division 6","content":"#### 49 Interpretation and application: Division 6\n\n49 Interpretation and application: Division 6\n\n> > (1) In this Division—\n> > \n> > conditions of employment and industrial matters have the same meanings they have in the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017).\n> > \n> > Industrial Relations Secretary means the Secretary of the Premier’s Department.\n> > \n> > Note.\n> > \n> > An administrative arrangements order may be made under Part 7 of the [Constitution Act 1902](/view/html/inforce/current/act-1902-032) to change the reference to the Secretary of the Premier’s Department having regard to future administrative changes in the allocation of Ministerial and departmental responsibilities.\n> \n> > (2) This Division does not apply to the conditions of employment of the Secretary of a Department or a Public Service senior executive. This subsection does not prevent particular conditions of employment under this Division from being adopted by reference in the contract of employment of the Secretary or executive.\n> \n> **s 49:** Am 2020 No 30, Sch 3.18\\[1\\]; 2023 No 35, Sch 4.14\\[1\\].","sortOrder":63},{"sectionNumber":"50","sectionType":"section","heading":"Role of Industrial Relations Secretary in industrial proceedings","content":"#### 50 Role of Industrial Relations Secretary in industrial proceedings\n\n50 Role of Industrial Relations Secretary in industrial proceedings\n\n> The Industrial Relations Secretary is, for the purposes of any proceedings relating to Public Service employees held before a competent tribunal having jurisdiction to deal with industrial matters, taken to be the employer of Public Service employees.","sortOrder":64},{"sectionNumber":"51","sectionType":"section","heading":"Industrial Relations Secretary may enter into agreements","content":"#### 51 Industrial Relations Secretary may enter into agreements\n\n51 Industrial Relations Secretary may enter into agreements\n\n> > (1) The Industrial Relations Secretary may enter into an agreement with any association or organisation representing a group of Public Service employees with respect to industrial matters.\n> \n> > (2) Any such agreement binds all Public Service employees in the group affected by the agreement, and no such employee (whether a member of the association or organisation with which the agreement was entered into or not) has any right of appeal against the terms of the agreement.\n> \n> > (3) An agreement under this section is not an enterprise agreement within the meaning of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017). However, the Industrial Relations Secretary (or any delegate of the Industrial Relations Secretary) may enter into such an enterprise agreement as the employer of the employees concerned.","sortOrder":65},{"sectionNumber":"52","sectionType":"section","heading":"Industrial Relations Secretary may determine employment conditions not otherwise lawfully determined","content":"#### 52 Industrial Relations Secretary may determine employment conditions not otherwise lawfully determined\n\n52 Industrial Relations Secretary may determine employment conditions not otherwise lawfully determined\n\n> > (1) The Industrial Relations Secretary may from time to time make determinations fixing conditions of employment of Public Service employees (or any group of them).\n> \n> > (2) Conditions of employment that are so determined apply to Public Service employees unless inconsistent with this Act, State industrial instruments or any other law.\n> \n> > (3) This section does not prevent the head of a Public Service agency from determining conditions of employment of employees of the agency for the purposes of the day to day management of the agency in matters not regulated by State industrial instruments and determinations under this section.\n> \n> > (4) For the purposes of the recovery of any amount owing under a determination under this section, the determination is taken to be a State industrial instrument.\n> \n> > (5) The Industrial Relations Secretary may amend or rescind a determination made under this section, but only if no Public Service employee will be adversely affected by the amendment or rescission.\n> \n> **s 52:** Am 2022 No 76, Sch 2\\[8\\].","sortOrder":66},{"sectionNumber":"53","sectionType":"section","heading":"Industrial relations provisions","content":"#### 53 Industrial relations provisions\n\n53 Industrial relations provisions\n\n> > (1) The Industrial Relations Secretary is not subject to the control and direction of any Minister—\n> > \n> > > (a) in determining conditions of employment under this Division, or\n> > \n> > > (b) in dealing with a dispute relating to an industrial matter concerning Public Service employees.\n> \n> > (2) The Industrial Relations Secretary may delegate any of his or her functions under this Division (other than this power of delegation) to the head of a Public Service agency or any Public Service employee or to a statutory officer.\n> \n> > (2A) A delegate under subsection (2) may, subject to the conditions of the delegation, sub-delegate a function to a Public Service employee or to a statutory officer if the delegate is authorised in writing to do so.\n> \n> > (3) The Industrial Relations Secretary has the following functions—\n> > \n> > > (a) advising the Government on appropriate strategies and policies regarding employment conditions and industrial relations in the government sector,\n> > \n> > > (b) monitoring the implementation of Government strategies and policies on employment conditions and industrial relations in the government sector and assisting with the implementation of those strategies and policies.\n> > \n> > The Industrial Relations Secretary must consult with the Public Service Commissioner before exercising any function under this subsection.\n> \n> > (4) The head of a Public Service agency is to notify the Industrial Relations Secretary of such industrial matters affecting the agency as the Industrial Relations Secretary specifies in a notice given to the head of the agency.\n> \n> > (5) A Public Service employee who is authorised by the Industrial Relations Secretary for the purposes of this subsection may—\n> > \n> > > (a) enter the premises of any Public Service agency, and\n> > \n> > > (b) require the production of and examine any documents in the custody of any Public Service employee, and\n> > \n> > > (c) require any Public Service employee to answer questions,\n> > \n> > for the purposes of enabling the Industrial Relations Secretary to exercise his or her functions under this Division.\n> \n> **s 53:** Am 2022 No 76, Sch 2\\[9\\].","sortOrder":67},{"sectionNumber":"Division 7","sectionType":"division","heading":"Additional Public Service employment provisions","content":"## Division 7 Additional Public Service employment provisions\n\nDivision 7 Additional Public Service employment provisions","sortOrder":68},{"sectionNumber":"54","sectionType":"section","heading":"Conditions of engagement","content":"#### 54 Conditions of engagement\n\n54 Conditions of engagement\n\n> > (1) The engagement of a Public Service employee may be made subject to conditions notified to the employee on his or her engagement.\n> \n> > (2) The conditions may include (without limitation) conditions dealing with any of the following matters—\n> > \n> > > (a) probation,\n> > \n> > > (b) citizenship or residency requirements,\n> > \n> > > (c) formal qualifications,\n> > \n> > > (d) security and other clearances,\n> > \n> > > (e) health clearances.\n> \n> > (3) The imposition of conditions of engagement is subject to the government sector employment rules.\n> \n> > (4) The contract of employment of a Public Service senior executive may include conditions of engagement.\n> \n> **s 54:** Ins 2016 No 2, Sch 1 \\[33\\].\n> \n> **s 54 (as originally enacted):** Renumbered as sec 54A, 2016 No 2, Sch 1 \\[33\\].","sortOrder":69},{"sectionNumber":"54A","sectionType":"section","heading":"Entitlement to extended and other leave","content":"#### 54A Entitlement to extended and other leave\n\n54A Entitlement to extended and other leave\n\n> Public Service employees have the entitlements to extended and other leave prescribed by the regulations.\n> \n> **s 54A (previously s 54):** Renumbered 2016 No 2, Sch 1 \\[33\\].","sortOrder":70},{"sectionNumber":"55","sectionType":"section","heading":"Resignation","content":"#### 55 Resignation\n\n55 Resignation\n\n> A Public Service employee may resign his or her employment by written notice to the person who exercises employer functions in relation to the employee.","sortOrder":71},{"sectionNumber":"56","sectionType":"section","heading":"Retirement on medical grounds","content":"#### 56 Retirement on medical grounds\n\n56 Retirement on medical grounds\n\n> The person who exercises employer functions in relation to a Public Service employee may retire the employee if—\n> \n> > (a) the employee is found to be unfit to perform or incapable of performing the duties of his or her employment, and\n> \n> > (b) the employee’s unfitness or incapacity—\n> > \n> > > (i) appears likely to be of a permanent nature, and\n> > \n> > > (ii) has not arisen from actual misconduct on the part of the employee, or from causes within the employee’s control.\n> \n> **s 56:** Subst 2016 No 2, Sch 1 \\[34\\].","sortOrder":72},{"sectionNumber":"57","sectionType":"section","heading":"Crown’s dispensation with services","content":"#### 57 Crown’s dispensation with services\n\n57 Crown’s dispensation with services\n\n> > (1) The right or power of the Crown to dispense with the services of any Public Service employee, as it existed immediately before the commencement of this section, is not abrogated or restricted by any of the provisions of this Act.\n> \n> > (2) A Public Service employee is not, except as provided by this or any other Act, entitled to any compensation as a result of the person’s services being dispensed with.","sortOrder":73},{"sectionNumber":"58","sectionType":"section","heading":"Industrial or legal proceedings excluded","content":"#### 58 Industrial or legal proceedings excluded\n\n58 Industrial or legal proceedings excluded\n\n> > (1) In this section, executive employee means the Secretary of a Department or other Public Service senior executive, and non-executive employee means a Public Service employee other than an executive employee.\n> \n> > (2) In this section, a reference to the employment of an executive employee is a reference to—\n> > \n> > > (a) the engagement of, or failure to engage, a person as an executive employee, or\n> > \n> > > (b) the assignment or re-assignment of the executive employee to a role in a band, or\n> > \n> > > (c) the removal, retirement, termination of employment or other cessation of employment of an executive employee, or\n> > \n> > > (d) any disciplinary proceedings or action taken against an executive employee, or\n> > \n> > > (e) the remuneration or other conditions of employment of an executive employee.\n> \n> > (3) The employment of an executive employee, or any matter, question or dispute relating to any such employment, is not an industrial matter for the purposes of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017).\n> \n> > (4) Parts 6, 7 and 9 of Chapter 2 of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017) do not apply to or in respect of the employment of an executive employee.\n> \n> > (5) Any State industrial instrument (whether made before or after the commencement of this section) does not have effect in so far as it relates to the employment of executive employees. This subsection does not prevent the regulations or other statutory instruments or any contract of employment from applying the provisions of any such industrial instrument to the employment of an executive employee.\n> \n> > (6) The engagement of, or the failure to engage, a person as a non-executive employee, or any matter, question or dispute relating to any such engagement (or failure to engage), is not an industrial matter for the purposes of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017).\n> \n> > (7) No proceedings for an order in the nature of prohibition, certiorari or mandamus or for a declaration or injunction or for any other relief, lie in respect of a matter that is declared by this section not to be an industrial matter for the purposes of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017).\n> \n> > (8) Nothing in this section prevents any of the following proceedings from being brought by an employee of a Public Service agency in relation to the employment of another employee of any Public Service agency—\n> > \n> > > (a) proceedings under Part 9 of the [Anti-Discrimination Act 1977](/view/html/inforce/current/act-1977-048) in relation to a complaint under that Part,\n> > \n> > > (b) proceedings under section 213 of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017) to enforce the provisions of section 210 (Freedom from victimisation) of that Act.","sortOrder":74},{"sectionNumber":"59","sectionType":"section","heading":"Construction of references to employees etc of statutory bodies or officers in other Acts, instruments and contracts","content":"#### 59 Construction of references to employees etc of statutory bodies or officers in other Acts, instruments and contracts\n\n59 Construction of references to employees etc of statutory bodies or officers in other Acts, instruments and contracts\n\n> > (1) In any other Act, in any statutory or other instrument, or in any contract or agreement (whether enacted, made or executed before or after the commencement of this section)—\n> > \n> > > (a) a reference to an officer or employee, or a member of staff, of a statutory body or statutory officer is to be read as including a reference—\n> > > \n> > > > (i) to a Public Service employee who is employed to enable the statutory body or statutory officer to exercise functions, and\n> > > \n> > > > (ii) to any other person whose services the statutory body or statutory officer makes use of (whether by way of secondment or otherwise), and\n> > \n> > > (b) a reference to a statutory body or statutory officer in the capacity of an employer of persons is, to the extent that the persons concerned comprise persons employed in the Public Service to enable the statutory body or statutory officer to exercise functions, to be read as including a reference to the Government of New South Wales or, as the case requires, to the head of the Public Service agency in which the persons are employed.\n> \n> > (2) This section is subject to the regulations.\n> \n> **s 59:** Am 2016 No 2, Sch 1 \\[35\\]–\\[37\\].","sortOrder":75},{"sectionNumber":"60","sectionType":"section","heading":"Employer costs for Public Service staff of statutory bodies","content":"#### 60 Employer costs for Public Service staff of statutory bodies\n\n60 Employer costs for Public Service staff of statutory bodies\n\n> > (1) The Minister or the Treasurer may give directions to a statutory body requiring the payment by the statutory body, on behalf of the Government of New South Wales, of the remuneration and other employment-related costs (such as superannuation, workers compensation and public liability insurance) in respect of those Public Service employees who are employed to enable the statutory body to exercise its functions.\n> \n> > (2) If a fund is established under any Act in connection with a statutory body and the provisions of that Act authorise the payment of amounts from the fund in connection with the employment of persons, the statutory body is authorised to apply the fund for the purposes of any payment required to be made by the body under subsection (1).","sortOrder":76},{"sectionNumber":"61","sectionType":"section","heading":"Civil liability with respect to staff of statutory bodies","content":"#### 61 Civil liability with respect to staff of statutory bodies\n\n61 Civil liability with respect to staff of statutory bodies\n\n> If—\n> \n> > (a) a person is employed in the Public Service to enable a statutory body to exercise its functions, and\n> \n> > (b) the Government of New South Wales is, as the person’s employer, proceeded against for any negligence or other tort of the person (whether the damages are recoverable in an action for tort or breach of contract or in any other action), and\n> \n> > (c) the statutory body is entitled under a policy of insurance or indemnity to be indemnified in respect of liability that the body may incur in respect of that negligence or other tort,\n> \n> the Government is subrogated to the rights of the statutory body under that policy in respect of the liability incurred by the Government arising from that negligence or other tort.","sortOrder":77},{"sectionNumber":"62","sectionType":"section","heading":"Operation of privacy legislation","content":"#### 62 Operation of privacy legislation\n\n62 Operation of privacy legislation\n\n> A group of Public Service employees employed to enable a statutory body to exercise its functions is, for the purposes of the [Privacy and Personal Information Protection Act 1998](/view/html/inforce/current/act-1998-133) and the [Health Records and Information Privacy Act 2002](/view/html/inforce/current/act-2002-071), taken to be part of the statutory body.","sortOrder":78},{"sectionNumber":"Part 5","sectionType":"part","heading":"Government sector employees","content":"# Part 5 Government sector employees\n\nPart 5 Government sector employees","sortOrder":79},{"sectionNumber":"63","sectionType":"section","heading":"Workforce diversity","content":"#### 63 Workforce diversity\n\n63 Workforce diversity\n\n> > (1) In this section—\n> > \n> > government sector agency includes the service of a State owned corporation, and any university or other service or agency prescribed by the regulations.\n> > \n> > workforce diversity includes (but is not limited to) diversity of the workforce in respect of gender, cultural and linguistic background, Aboriginal people and people with a disability.\n> \n> > (2) The head of a government sector agency is responsible for workforce diversity within the agency and for ensuring that workforce diversity is integrated into workforce planning in the agency.\n> \n> > (3) The government sector employment rules may deal with workforce diversity in any government sector agency. The head of the agency is to ensure that any obligations of the agency under those rules are complied with.\n> \n> > (4) The Commissioner is to include in annual or other reports under Part 3 periodic reports on workforce diversity across government sector agencies.\n> \n> > (5) The obligations of those rules prevail over any inconsistent obligations under the [Anti-Discrimination Act 1977](/view/html/inforce/current/act-1977-048).","sortOrder":80},{"sectionNumber":"64","sectionType":"section","heading":"Employee transfers and secondments between government sector agencies","content":"#### 64 Employee transfers and secondments between government sector agencies\n\n64 Employee transfers and secondments between government sector agencies\n\n> > (1) The government sector employment rules may deal with the transfer or secondment of employees between government sector agencies (whether or not at the request of the employees).\n> > \n> > Note.\n> > \n> > See also Part 4 with respect to assignment of Public Service senior executives to roles.\n> \n> > (2) Unless a transfer or secondment is initiated by the employee, the person who initiates a transfer or secondment is required to consult the employee.\n> \n> > (3) The remuneration of an employee who is transferred or seconded is not to be reduced without the approval of the employee.\n> \n> > (4) The government sector employment rules are to set out the circumstances in which employees have the right to have a transfer or secondment they have not initiated reviewed.\n> \n> > (4A) The government sector employment rules may make provision with respect to the recognition of service for the accrual of leave and to other matters consequent on the transfer or secondment of employees between government sector agencies.\n> \n> > (4B) This section does not apply to the transfer or secondment of an employee to or from that part of the NSW Police Force comprising police officers.\n> \n> > (5) In this section, government sector agency includes—\n> > \n> > > (a) the service of a State owned corporation (or a subsidiary), and\n> > \n> > > (b) any service in which persons excluded from this Act by section 5 are employed (but only for transfers or secondments initiated by the employee).\n> \n> **s 64:** Am 2016 No 2, Sch 1 \\[27\\] \\[38\\]–\\[42\\].","sortOrder":81},{"sectionNumber":"65","sectionType":"section","heading":"Cross-agency employment","content":"#### 65 Cross-agency employment\n\n65 Cross-agency employment\n\n> > (1) A person may be employed in 2 or more government sector agencies (whether those agencies are Public Service agencies, other agencies or a combination of Public Service agencies and other agencies).\n> \n> > (2) If the person is employed in 2 or more government sector agencies, the heads of those agencies may determine that the person is to be regarded as employed in one of those agencies for the purposes of all or any conditions of employment of the person (including for the purposes of provisions of or made under this Act or any other Act relating to the employment of the person).","sortOrder":82},{"sectionNumber":"66","sectionType":"section","heading":"Secondments of staff between government sector agencies and other relevant bodies","content":"#### 66 Secondments of staff between government sector agencies and other relevant bodies\n\n66 Secondments of staff between government sector agencies and other relevant bodies\n\n> > (1) Arrangements may be made under this section under which—\n> > \n> > > (a) (Repealed)\n> > \n> > > (b) a person who is employed in a government sector agency is seconded to carry out work in or for a non-government sector body, or\n> > \n> > > (c) a person who is employed in or by a non-government sector body is seconded to carry out work in or for a government sector agency.\n> > \n> > Any such secondment may be on a full-time or part-time basis.\n> \n> > (2) An arrangement for a secondment under this section is to be made between the head of the government sector agency and the person responsible for the employment of persons in or by the non-government sector body.\n> \n> > (3) A person employed in or by a non-government sector body (other than a local council or State owned corporation) is not to be seconded under this section to carry out work in or for a government sector agency unless—\n> > \n> > > (a) the head of the agency is satisfied that the secondment is justified because of the special skills of the person or the special circumstances of the case, and\n> > \n> > > (b) the period of any one secondment does not exceed 2 years.\n> \n> > (4) The government sector employment rules may deal with secondments under this section.\n> \n> > (5) A person’s employment in a government sector agency (including the continuity of that employment) is not affected by the secondment of the person under this section.\n> \n> > (6) In this section—\n> > \n> > non-government sector body means any of the following—\n> > \n> > > (a) a local council,\n> > \n> > > (b) a State owned corporation,\n> > \n> > > (c) a private sector entity (including a not-for-profit sector entity),\n> > \n> > > (d) a public authority or government agency of the Commonwealth or of another State or Territory,\n> > \n> > > (e) (Repealed)\n> > \n> > > (f) a university.\n> \n> **s 66:** Am 2016 No 2, Sch 1 \\[43\\]–\\[49\\].","sortOrder":83},{"sectionNumber":"67","sectionType":"section","heading":"Performance management systems","content":"#### 67 Performance management systems\n\n67 Performance management systems\n\n> > (1) The head of a government sector agency is responsible for developing and implementing a performance management system with respect to employees of the agency.\n> \n> > (2) The government sector employment rules may deal with the core requirements of any such performance management system.","sortOrder":84},{"sectionNumber":"68","sectionType":"section","heading":"Unsatisfactory performance of government sector employees","content":"#### 68 Unsatisfactory performance of government sector employees\n\n68 Unsatisfactory performance of government sector employees\n\n> > (1) The government sector employment rules may deal with the procedural requirements for dealing with unsatisfactory performance (consistently with procedural fairness).\n> \n> > (2) If the performance of an employee of a government sector agency is determined to be unsatisfactory in accordance with those rules, the person who exercises employer functions in relation to the employee may (without limitation on relevant action) take any of the following actions—\n> > \n> > > (a) terminate the employment of the employee (after giving the employee an opportunity to resign),\n> > \n> > > (b) reduce the remuneration payable to the employee,\n> > \n> > > (c) reduce the classification or grade of the employee,\n> > \n> > > (d) assign the employee to a different role.\n> \n> > (3) This section does not apply to that part of the NSW Police Force comprising police officers or to any employees of a government sector agency excluded from this section by the regulations.\n> \n> > (4) Without limiting the action that may be taken under this section by the person who exercises employer functions in relation to a NSW Health Service senior executive, the Secretary of the Ministry of Health may, if the Secretary is not the employer of the executive, terminate the executive’s employment under this section.\n> \n> **s 68:** Am 2016 No 2, Sch 1 \\[50\\] \\[51\\]; 2018 No 2, Sch 6.","sortOrder":85},{"sectionNumber":"69","sectionType":"section","heading":"Misconduct—Public Service and other prescribed government sector employees","content":"#### 69 Misconduct—Public Service and other prescribed government sector employees\n\n69 Misconduct—Public Service and other prescribed government sector employees\n\n> > (1) In this section—\n> > \n> > detrimental action has the same meaning as in the [Public Interest Disclosures Act 2022](/view/html/inforce/current/act-2022-014).\n> > \n> > detrimental action offence has the same meaning as in the [Public Interest Disclosures Act 2022](/view/html/inforce/current/act-2022-014).\n> > \n> > government sector agency means—\n> > \n> > > (a) a Public Service agency, and\n> > \n> > > (a1) that part of the NSW Police Force comprising administrative employees under the [Police Act 1990](/view/html/inforce/current/act-1990-047), and\n> > \n> > > (b) any other government sector agency prescribed by the regulations for the purposes of this section.\n> > \n> > misconduct extends to the following—\n> > \n> > > (a) a contravention of this Act or an instrument made under this Act,\n> > \n> > > (b) taking action that constitutes a detrimental action offence,\n> > \n> > > (c) taking detrimental action against another person in circumstances where—\n> > > \n> > > > (i) the person taking the detrimental action suspects, believes or is aware, when taking the action, that any person has made, may have made, may make or proposes to make a disclosure about alleged misconduct by an employee of a government sector agency, and\n> > > \n> > > > (ii) the suspicion, belief or awareness, whether correct or incorrect, is a contributing factor to the taking of the detrimental action,\n> > \n> > > (d) a conviction or finding of guilt for a serious offence.\n> > \n> > The subject matter of any misconduct by an employee may relate to an incident or conduct that happened while the employee was not on duty or before his or her employment.\n> > \n> > serious offence means an offence punishable by imprisonment for life or for 12 months or more (including an offence committed outside New South Wales that would be an offence so punishable if committed in New South Wales).\n> \n> > (2) The person who exercises employer functions in relation to an employee of a government sector agency is responsible for dealing with any misconduct by that employee in accordance with this section.\n> \n> > (3) The government sector employment rules may deal with the following—\n> > \n> > > (a) misconduct by employees of government sector agencies,\n> > \n> > > (b) the procedural requirements for dealing with allegations of misconduct by employees of government sector agencies (consistently with procedural fairness).\n> \n> > (4) If, in accordance with those rules, there is a finding of misconduct by an employee of a government sector agency, the person who exercises employer functions in relation to the employee may take any of the following actions—\n> > \n> > > (a) terminate the employment of the employee (without giving the employee an opportunity to resign),\n> > \n> > > (b) terminate the employment of the employee (after giving the employee an opportunity to resign),\n> > \n> > > (c) impose a fine on the employee (which may be deducted from the remuneration payable to the employee),\n> > \n> > > (d) reduce the remuneration payable to the employee,\n> > \n> > > (e) reduce the classification or grade of the employee,\n> > \n> > > (f) assign the employee to a different role,\n> > \n> > > (g) caution or reprimand the employee.\n> \n> > (5) Proceedings and actions under this section may be taken or continued despite the employee resigning or otherwise ceasing to be an employee of the agency concerned. Any such action may be expressed to be a termination of employment even if the person has ceased to be an employee.\n> \n> > (6) This section does not apply to that part of the NSW Police Force comprising police officers or to any employees of a government sector agency excluded from this section by the regulations.\n> \n> Note.\n> \n> See also section 82(2) for inquiries into conduct of heads of agencies.\n> \n> **s 69:** Am 2016 No 2, Sch 1 \\[50\\] \\[52\\]–\\[59\\]; 2022 No 14, Sch 8.11\\[1\\] \\[2\\].","sortOrder":86},{"sectionNumber":"70","sectionType":"section","heading":"Suspension of employees from duty pending decision in relation to misconduct, criminal charge or corrupt conduct","content":"#### 70 Suspension of employees from duty pending decision in relation to misconduct, criminal charge or corrupt conduct\n\n70 Suspension of employees from duty pending decision in relation to misconduct, criminal charge or corrupt conduct\n\n> > (1) In this section—\n> > \n> > government sector agency means—\n> > \n> > > (a) a Public Service agency, and\n> > \n> > > (a1) that part of the NSW Police Force comprising administrative employees under the [Police Act 1990](/view/html/inforce/current/act-1990-047), and\n> > \n> > > (b) any other government sector agency prescribed by the regulations for the purposes of this section.\n> \n> > (2) If—\n> > \n> > > (a) an allegation of misconduct by an employee of a government sector agency is being dealt with by the person who exercises employer functions in relation to the employee (the employer), or\n> > \n> > > (b) an employee of a government sector agency is charged with a serious offence referred to in section 69,\n> > \n> > the employer may suspend the employee from duty until the allegation of misconduct or the criminal charge has been dealt with and any subsequent action has been taken by the employer.\n> \n> > (3) If the Independent Commission Against Corruption—\n> > \n> > > (a) has made a corrupt conduct finding against an employee of a government sector agency of a kind referred to in section 114A of the [Independent Commission Against Corruption Act 1988](/view/html/inforce/current/act-1988-035), or\n> > \n> > > (b) is conducting an investigation into the conduct of any such employee that may lead to such a finding,\n> > \n> > the employer may suspend the employee from duty until the completion of any such investigation and, in the case of any such finding, until any subsequent action has been taken by the employer.\n> \n> > (4) The employer may direct that any remuneration payable to an employee while the employee is suspended from duty under this section is to be withheld.\n> \n> > (5) If—\n> > \n> > > (a) the employer takes action against the employee for the misconduct or the corrupt conduct finding, or\n> > \n> > > (b) the employee is convicted of the offence concerned,\n> > \n> > any remuneration so withheld is forfeited to the State unless the employer otherwise directs or that remuneration was due to the employee in respect of a period before the suspension was imposed.\n> \n> > (6) The employer may at any time remove a suspension under this section.\n> \n> **s 70:** Am 2016 No 2, Sch 1 \\[60\\]–\\[63\\].","sortOrder":87},{"sectionNumber":"71","sectionType":"section","heading":"Employees contesting State elections","content":"#### 71 Employees contesting State elections\n\n71 Employees contesting State elections\n\n> > (1) If a person who is employed in any government sector agency is nominated for election to the Legislative Assembly or Legislative Council, the person is to be granted leave of absence until the day on which the result of the election is declared.\n> \n> > (2) If the person is elected, the person is required to resign from the government sector agency concerned.\n> \n> > (3) Unless the person is entitled to leave with pay (and duly applies for that leave), any leave of absence under this section is to be leave without pay.\n> \n> > (4) In this section—\n> > \n> > government sector agency includes the service of a State owned corporation (or a subsidiary) or any service in which persons excluded from this Act by section 5 are employed.\n> \n> **s 71:** Am 2016 No 2, Sch 1 \\[27\\].","sortOrder":88},{"sectionNumber":"72","sectionType":"section","heading":"Re-employment of employees resigning to contest Commonwealth elections","content":"#### 72 Re-employment of employees resigning to contest Commonwealth elections\n\n72 Re-employment of employees resigning to contest Commonwealth elections\n\n> > (1) If a person who is employed in any government sector agency—\n> > \n> > > (a) resigns in writing from the government sector agency and the resignation takes effect not earlier than 3 months before polling day at an election of a member or members of either House of Parliament of the Commonwealth and before the day fixed for nominations for the election, and\n> > \n> > > (b) includes in the resignation notice of the person’s intention to become a candidate at that election, and\n> > \n> > > (c) becomes a candidate at that election, and\n> > \n> > > (d) fails to be elected at that election, and\n> > \n> > > (e) makes written application for re-employment in the government sector agency concerned within 2 months after the declaration of the result of that election,\n> > \n> > the person is entitled to be re-employed in the government sector agency not lower in remuneration than the current remuneration for the employment of the person at the date of the person’s resignation (or a similar employment).\n> \n> > (2) A person, on being re-employed under this section, is taken—\n> > \n> > > (a) to have never resigned from the government sector agency concerned, and\n> > \n> > > (b) to have been on leave without pay during the period between resignation and re-employment.\n> \n> > (3) In this section—\n> > \n> > government sector agency includes the service of a State owned corporation (or a subsidiary) or any service in which persons excluded from this Act by section 5 are employed.\n> \n> **s 72:** Am 2016 No 2, Sch 1 \\[27\\].","sortOrder":89},{"sectionNumber":"73","sectionType":"section","heading":"Appointment to position in government sector not affected by additional appointment","content":"#### 73 Appointment to position in government sector not affected by additional appointment\n\n73 Appointment to position in government sector not affected by additional appointment\n\n> > (1) The doctrine of incompatibility of office—\n> > \n> > > (a) does not operate to prevent the holder of a position in any government sector agency (the original position) from being appointed to another position in that or any other government sector agency (the additional position), and\n> > \n> > > (b) does not operate to effect or require the holder of the original position to surrender or vacate that position as a result of the appointment to the additional position.\n> \n> > (2) This section—\n> > \n> > > (a) applies even if the original position or the additional position is held on an acting or temporary basis, and\n> > \n> > > (b) extends to an appointment made before the commencement of this section (and applies to such an appointment as if this section had been in force when the appointment was made).","sortOrder":90},{"sectionNumber":"74","sectionType":"section","heading":"Excess employees—jurisdiction of Industrial Relations Commission","content":"#### 74 Excess employees—jurisdiction of Industrial Relations Commission\n\n74 Excess employees—jurisdiction of Industrial Relations Commission\n\n> > (1) In this section—\n> > \n> > excess employee means an employee of a government sector agency who is determined by the head of the agency to be excess to the requirements of the relevant part of the agency in which the employee is employed, and includes an employee of a government sector agency who has been notified by the head of the agency—\n> > \n> > > (a) that his or her role, position or work in the agency has been abolished or terminated, and\n> > \n> > > (b) that he or she is an excess or displaced employee.\n> > \n> > Any such person does not cease to be an excess employee merely because the person is engaged (on a temporary basis) to carry out other work in the same or any other government sector agency.\n> > \n> > termination of the employment of a person includes dispensing with the services of the person.\n> \n> > (2) Division 2 of Part 9 of Chapter 2 of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017) does not apply to contracts of employment of employees of any government sector agency that are alleged to be unfair for any reason relating to excess employees, including the following—\n> > \n> > > (a) when and how employees become excess employees,\n> > \n> > > (b) the entitlements of excess employees (including with respect to redeployment, employment retention, salary maintenance and voluntary or other redundancy payments),\n> > \n> > > (c) the termination of the employment of excess employees.","sortOrder":91},{"sectionNumber":"Part 6","sectionType":"part","heading":"Removal of statutory officers","content":"# Part 6 Removal of statutory officers\n\nPart 6 Removal of statutory officers","sortOrder":92},{"sectionNumber":"75","sectionType":"section","heading":"Statutory officers to whom Part applies","content":"#### 75 Statutory officers to whom Part applies\n\n75 Statutory officers to whom Part applies\n\n> > (1) This Part applies to—\n> > \n> > > (a) a person appointed by the Governor or a Minister to a statutory office where the Act concerned provides that the holder of the office holds it for a term specified in the Act, in the instrument of appointment or in another instrument, and\n> > \n> > > (b) a director or chief executive officer of a statutory State owned corporation.\n> \n> > (2) This Part applies whether the person holds office on a full-time or part-time basis.\n> \n> > (3) This Part does not apply to a person merely because an Act provides that the person ceases to hold office on reaching a particular age.","sortOrder":93},{"sectionNumber":"76","sectionType":"section","heading":"Statutory officers to whom Part does not apply","content":"#### 76 Statutory officers to whom Part does not apply\n\n76 Statutory officers to whom Part does not apply\n\n> This Part does not apply to a person in the person’s capacity as—\n> \n> > (a) the Governor, the Lieutenant-Governor or other officer administering the Government, or\n> \n> > (b) a member of the Executive Council, a Minister of the Crown, a member of either House of Parliament or the holder of any other political office, or\n> \n> > (c) the holder of a judicial office, or\n> \n> > (d) the Parliamentary Remuneration Tribunal, or\n> \n> > (e) a member of the NSW Police Force, or\n> \n> > (f) the Secretary of a Department or other Public Service senior executive, or\n> \n> > (g) the holder of an office under an Act that provides that the holder may or must be removed from office following an address, declaration, resolution or other involvement of either or both of the Houses of Parliament, or\n> \n> > (h) the Solicitor General, the Crown Advocate, the Director of Public Prosecutions, a Deputy Director of Public Prosecutions, the Solicitor for Public Prosecutions, the Senior Public Defender, a Deputy Senior Public Defender, a Public Defender, the Senior Crown Prosecutor, a Deputy Senior Crown Prosecutor or a Crown Prosecutor, or\n> \n> > (i) an Assistant Commissioner for the Independent Commission Against Corruption or any other officer of the Commission, or\n> \n> > (j) the Public Service Commissioner, or\n> \n> > (k) a member of the Law Enforcement Conduct Commission, an Assistant Commissioner of the Law Enforcement Conduct Commission or an alternate Commissioner of the Law Enforcement Conduct Commission.\n> \n> **s 76:** Am 2016 No 2, Sch 1 \\[64\\]; 2020 No 13, Sch 2\\[1\\] \\[2\\].","sortOrder":94},{"sectionNumber":"77","sectionType":"section","heading":"Removal from office of statutory officers to whom Part applies","content":"#### 77 Removal from office of statutory officers to whom Part applies\n\n77 Removal from office of statutory officers to whom Part applies\n\n> > (1) The Governor may remove a person to whom this Part applies from office at any time for any or no stated reason and without notice.\n> \n> > (2) This section does not prevent any such person from being removed from office apart from this Act.","sortOrder":95},{"sectionNumber":"78","sectionType":"section","heading":"Compensation for office holder following removal","content":"#### 78 Compensation for office holder following removal\n\n78 Compensation for office holder following removal\n\n> > (1) This section applies to a person who is removed from an office under this Part, but does not apply to a person who held the office concerned on a part-time basis.\n> \n> > (2) A person to whom this section applies is entitled to such compensation (if any) for loss of remuneration as the Statutory and Other Offices Remuneration Tribunal determines.\n> \n> > (3) The maximum compensation payable is an amount equal to the person’s gross remuneration for—\n> > \n> > > (a) the period of 38 weeks, or\n> > \n> > > (b) the period starting from the person’s removal from office and ending when the person’s term of office would have expired,\n> > \n> > at the rate at which it was payable immediately before the person’s removal from office.\n> \n> > (4) If more than one such period is applicable, the maximum compensation is to be calculated by reference to the shorter or shortest period.\n> \n> > (5) The person is not entitled to any other compensation for the removal from office or to any other remuneration in respect of the office for any period afterwards.\n> \n> > (6) If the Statutory and Other Offices Remuneration Tribunal determines that compensation is payable under this section, it must, in its determination, specify the period to which the compensation for loss of remuneration relates.\n> \n> > (7) The person is not to be employed in the public sector during the period so specified, unless arrangements have been made for a refund of the proportionate amount of the compensation (if any) paid under this section.\n> \n> > (8) In this section—\n> > \n> > employment of a person in the public sector includes—\n> > \n> > > (a) engagement of the person as a consultant or contractor to the employer, and\n> > \n> > > (b) engagement of the person through a labour hire arrangement with the employer, and\n> > \n> > > (c) engagement of a company or partnership that provides the services of the person to the employer, and\n> > \n> > > (d) the appointment of the person to a statutory office.\n> > \n> > public sector means the government sector, the service of a State owned corporation (or a subsidiary), any service in which persons excluded from this Act by section 5 are employed or a statutory office.\n> \n> > (9) To avoid doubt, subsection (7) has effect despite another Act or law unless the other Act or law explicitly provides that the subsection does not apply.\n> \n> **s 78:** Am 2016 No 2, Sch 1 \\[27\\] \\[65\\]; 2022 No 76, Sch 2\\[10\\] \\[11\\].","sortOrder":96},{"sectionNumber":"79","sectionType":"section","heading":"Operation of this Part","content":"#### 79 Operation of this Part\n\n79 Operation of this Part\n\n> > (1) This Part prevails over any inconsistent provision of any other Act or law or of the terms of appointment of or contract with a person.\n> \n> > (2) Parts 6 and 9 of Chapter 2 of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017) do not apply to or in respect of the removal of a person from office under this Part.\n> \n> > (3) This Part applies to a person appointed to a statutory office even though the Act concerned excludes the application of this Act, unless it expressly excludes the application of this Part.\n> \n> > (4) This Part applies to persons holding office at the commencement of this Part, as well as to persons appointed to an office afterwards.","sortOrder":97},{"sectionNumber":"Part 7","sectionType":"part","heading":"Miscellaneous","content":"# Part 7 Miscellaneous\n\nPart 7 Miscellaneous","sortOrder":98},{"sectionNumber":"80","sectionType":"section","heading":"Act to bind Crown","content":"#### 80 Act to bind Crown\n\n80 Act to bind Crown\n\n> This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.","sortOrder":99},{"sectionNumber":"81","sectionType":"section","heading":"Delegation by Minister","content":"#### 81 Delegation by Minister\n\n81 Delegation by Minister\n\n> > (1) The Minister may delegate to any authorised person any of the Minister’s functions under this Act, other than this power of delegation.\n> \n> > (2) In this section—\n> > \n> > authorised person means the holder of a statutory office, a person employed in the government sector or a person authorised by the regulations.","sortOrder":100},{"sectionNumber":"82","sectionType":"section","heading":"Special Ministerial inquiries","content":"#### 82 Special Ministerial inquiries\n\n82 Special Ministerial inquiries\n\n> > (1) The Minister may, in the case of any matter relating to a government sector agency or a NSW government agency, direct such person as the Minister specifies in the direction to conduct a special inquiry into the matter.\n> \n> > (2) A special inquiry may (without limitation) be conducted under this section into a matter involving the conduct or performance of the head of a government sector agency or a Public Service senior executive (whether or not the person has ceased to be such an agency head or executive).\n> \n> > (3) A person conducting a special inquiry may enter the premises of any government sector agency or NSW government agency in connection with the inquiry.\n> \n> > (4) A person conducting a special inquiry has, for the purposes of the inquiry, the functions, protections and immunities conferred on a commissioner by Division 1 of Part 2 of the [Royal Commissions Act 1923](/view/html/inforce/current/act-1923-029). If 2 or more persons are conducting a special inquiry, the person appointed to preside at the inquiry has, for the purposes of the inquiry, the functions conferred on the chairperson of a commission by the [Royal Commissions Act 1923](/view/html/inforce/current/act-1923-029).\n> \n> > (5) The provisions of the [Royal Commissions Act 1923](/view/html/inforce/current/act-1923-029) (except section 13 and Division 2 of Part 2) apply, with necessary modifications—\n> > \n> > > (a) to a special inquiry, and\n> > \n> > > (b) to any witness or person summoned by or appearing before the inquiry or providing material to the inquiry.\n> \n> > (6) If the person conducting a special inquiry agrees, an agent (including an Australian legal practitioner) may represent a person, government sector agency or other agency at the inquiry.\n> \n> > (7) The person conducting a special inquiry is not bound by the rules of evidence and may be informed on any matter in issue at the inquiry in such manner as the person considers appropriate.\n> \n> > (8) The person conducting a special inquiry may, in respect of a matter not dealt with by or under this Act, give directions as to the procedure to be followed at or in connection with the inquiry.\n> \n> > (9) The person conducting a special inquiry must—\n> > \n> > > (a) within such period as the Minister requires, prepare a report on the conduct and findings, and any recommendations, of the inquiry, and\n> > \n> > > (b) immediately after preparing the report, provide the Minister with a copy of the report.\n> \n> > (10) The Minister must cause a copy of the report, together with information as to any action taken or proposed to be taken in relation to the subject of the report, to be laid before each House of Parliament within 30 sitting days of that House after the day on which the Minister was provided with a copy of the report.","sortOrder":101},{"sectionNumber":"82A","sectionType":"section","heading":"State of government sector","content":"#### 82A State of government sector\n\n82A State of government sector\n\n> > (1) The Minister must ensure that, as soon as practicable after 30 June in each financial year, a report on the state of the government sector in relation to the financial year is tabled in both Houses of Parliament.\n> \n> > (2) The report must include the following—\n> > \n> > > (a) an assessment of the performance of the whole of the government sector, including notable achievements, challenges and priorities,\n> > \n> > > (b) an analysis of government sector workforce data.\n> \n> > (3) Section 16 applies for the purposes of the preparation of a report under subsection (1) as if a reference in that section to the Commissioner were a reference to the Secretary of the Premier’s Department.\n> \n> **s 82A:** Ins 2024 No 35, Sch 1\\[6\\].","sortOrder":102},{"sectionNumber":"83","sectionType":"section","heading":"Inquiries by Public Service Commissioner or Secretary of Premier’s Department into government sector agencies","content":"#### 83 Inquiries by Public Service Commissioner or Secretary of Premier’s Department into government sector agencies\n\n83 Inquiries by Public Service Commissioner or Secretary of Premier’s Department into government sector agencies\n\n> > (1) In this section—\n> > \n> > Secretary means the Secretary of the Premier’s Department.\n> \n> > (2) The Commissioner or Secretary may conduct an inquiry into any matter relating to the administration or management of a government sector agency.\n> \n> > (2A) The Commissioner or Secretary may appoint a person to act on behalf of the Commissioner or Secretary for the purposes of conducting an inquiry under this section. Any such person is to act under the direction of the Commissioner or Secretary and has the functions conferred on the Commissioner or Secretary under this section.\n> \n> > (3) An inquiry is not to be conducted by the Secretary into any matter that is the subject of an inquiry by the Commissioner, except with the concurrence of the Commissioner.\n> \n> > (4) The Commissioner or Secretary may, for the purposes of conducting an inquiry under this section—\n> > \n> > > (a) enter and inspect the premises of a government sector agency, and\n> > \n> > > (b) require the production of, and take copies of, any documents in the custody of an employee of the government sector agency, and\n> > \n> > > (c) for the purposes of further examination, take possession of, and remove, any of those documents, and\n> > \n> > > (d) require an employee of the government sector agency to answer questions, and\n> > \n> > > (e) require an employee of the government sector agency to provide such assistance and facilities as is or are necessary to enable the Commissioner or Secretary to exercise functions under this section.\n> > \n> > A reference in this subsection to an employee of a government sector agency includes a reference to any person who is engaged by the agency (whether directly or indirectly) under a contract for services.\n> \n> > (4A) The Commissioner or Secretary may—\n> > \n> > > (a) prepare a report on the conduct and findings, and any recommendations, of the inquiry, and\n> > \n> > > (b) publish the report, if the Commissioner or Secretary considers it is in the public interest to do so.\n> \n> > (4B) No civil or criminal action or proceedings may be brought in relation to the publication of the report or a copy of the report.\n> \n> > (5) This section does not affect the operation of section 82.\n> \n> > (6) The Secretary cannot conduct an inquiry under this section into the NSW Police Force.\n> \n> **s 83:** Am 2016 No 2, Sch 1 \\[66\\]–\\[71\\]; 2022 No 76, Sch 1\\[6\\]; 2023 No 35, Sch 4.14\\[2\\]–\\[4\\].","sortOrder":103},{"sectionNumber":"83A","sectionType":"section","heading":"Reinstatement of certain senior executives whose employment has been terminated","content":"#### 83A Reinstatement of certain senior executives whose employment has been terminated\n\n83A Reinstatement of certain senior executives whose employment has been terminated\n\n> > (1) This section applies in relation to a person whose employment as a senior executive has been terminated by the person’s employer (the former employer).\n> \n> > (2) If the Commissioner is satisfied that—\n> > \n> > > (a) the termination of the person’s employment constituted a detrimental action offence within the meaning of the [Public Interest Disclosures Act 2022](/view/html/inforce/current/act-2022-014), and\n> > \n> > > (b) the person wishes to be reinstated or otherwise re-employed as a senior executive,\n> > \n> > the person may be reinstated by the former employer to the role assigned to the person immediately before the termination of employment (the former role).\n> \n> > (3) If reinstatement to the person’s former role is considered to be impracticable, the person may be re-employed (whether in the same government sector agency in which the former role was located or in another government sector agency) in some other similar or appropriate role—\n> > \n> > > (a) that is within the same band (or, in the case of a senior executive who is not employed in a band, within the same level of work) as the former role, and\n> > \n> > > (b) that has a level of remuneration no less than the remuneration payable to the person in the former role.\n> \n> > (4) The Commissioner may give a direction under section 13 to the head of a government sector agency that a person be reinstated or re-employed under this section. In the case where the person’s employer is the Minister, the Commissioner may make a recommendation to the Minister that the person be reinstated or re-employed under this section.\n> > \n> > Note.\n> > \n> > Section 13(2) requires the Commissioner to consult the agency head before giving any such direction.\n> \n> > (5) If a person is reinstated or re-employed under this section, the person is entitled to such salary and other employment benefits as if the person had continued to be employed during the period following the termination of employment. However any such entitlement is subject to the repayment of any compensation or other amount paid to the person on the termination of employment.\n> \n> > (6) The reinstatement or re-employment of a person under this section is not subject to the provisions of the government sector employment rules relating to the recruitment of employees.\n> \n> > (7) The re-employment of a person under this section in a role other than the person’s former role is not for any purpose to be regarded as a continuation of the reprisal action that resulted in the person’s employment being terminated.\n> \n> > (8) If a person to whom this section applies—\n> > \n> > > (a) was, immediately before his or her termination of employment, a transitional former senior executive within the meaning of clause 8 of Schedule 4, and\n> > \n> > > (b) is subsequently reinstated under this section to the person’s former role,\n> > \n> > the person is to be reinstated as a transitional former senior executive if the implementation date (as referred to in that clause) for the agency (or part of the agency) in which the person is reinstated has not occurred at the time of the reinstatement.\n> \n> > (9) In this section—\n> > \n> > amending Act means the [Government Sector Employment Legislation Amendment Act 2016](/view/html/repealed/current/act-2016-002).\n> > \n> > role includes office or position and assigned, in the case where the person concerned has been appointed to an office or a position, includes held by the person.\n> > \n> > senior executive means any of the following—\n> > \n> > > (a) a Public Service senior executive,\n> > \n> > > (b) a health executive within the meaning of Part 3 of Chapter 9 of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154) or a NSW Health Service senior executive to whom that Part (as substituted by the amending Act) applies,\n> > \n> > > (c) an executive officer within the meaning of Part 5 of the [Police Act 1990](/view/html/inforce/current/act-1990-047) or a NSW Police Force senior executive to whom that Part (as substituted by the amending Act) applies,\n> > \n> > > (d) an executive officer within the meaning of section 68G of the [Transport Administration Act 1988](/view/html/inforce/current/act-1988-109) (as in force before its repeal by the amending Act) or a Transport Service senior executive or senior manager to whom Part 7A of the [Transport Administration Act 1988](/view/html/inforce/current/act-1988-109) (as substituted by the amending Act) applies.\n> \n> **s 83A:** Ins 2016 No 2, Sch 1 \\[72\\]. Am 2022 No 14, Sch 8.11\\[3\\]–\\[5\\].","sortOrder":104},{"sectionNumber":"83B","sectionType":"section","heading":"Employment after leaving certain senior executive employment","content":"#### 83B Employment after leaving certain senior executive employment\n\n83B Employment after leaving certain senior executive employment\n\n> > (1) This section applies to the following senior executives (a GSSE)—\n> > \n> > > (a) Secretaries of Departments,\n> > \n> > > (b) other heads of Public Service agencies who are Public Service employees,\n> > \n> > > (c) other Public Service employees employed in the 2 most senior bands determined under the senior executive bands determination,\n> > \n> > > (d) other government sector senior executives in the following services employed in the 2 most senior bands determined under the senior executive bands determination for the service—\n> > > \n> > > > (i) the NSW Health Service,\n> > > \n> > > > (ii) the NSW Police Force,\n> > > \n> > > > (iii) the Transport Service of New South Wales.\n> \n> > (2) A GSSE who intends to accept an offer of employment in the private sector must, if the employment directly relates to any of the GSSE’s current role or responsibilities, or a role or responsibilities held during the previous 2 years, first seek the guidance of the Commissioner.\n> \n> > (3) The guidance may include, but is not limited to, advice regarding—\n> > \n> > > (a) the management of actual and potential conflicts of interest,\n> > \n> > > (b) the use of information or knowledge gained by the GSSE in the course of the GSSE’s employment.\n> \n> **s 83B:** Ins 2022 No 76, Sch 1\\[7\\].","sortOrder":105},{"sectionNumber":"84","sectionType":"section","heading":"Minister’s departmental authority with respect to control and direction of staff and work not affected","content":"#### 84 Minister’s departmental authority with respect to control and direction of staff and work not affected\n\n84 Minister’s departmental authority with respect to control and direction of staff and work not affected\n\n> The ordinary and necessary departmental authority of a Minister with respect to the control and direction of staff and work is not limited by anything in this Act.","sortOrder":106},{"sectionNumber":"85","sectionType":"section","heading":"Operation of industrial relations and superannuation legislation","content":"#### 85 Operation of industrial relations and superannuation legislation\n\n85 Operation of industrial relations and superannuation legislation\n\n> > (1) This Act does not affect the operation of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017). This subsection does not limit section 58 (Industrial or legal proceedings excluded) and section 74 (Excess employees—jurisdiction of Industrial Relations Commission).\n> \n> > (2) This Act does not affect the operation of provisions of the [Superannuation Act 1916](/view/html/inforce/current/act-1916-028) or any other superannuation legislation relating to retirement and other cessation of employment (and to entitlement to pensions and other benefits) of employees to whom this Act applies.","sortOrder":107},{"sectionNumber":"86","sectionType":"section","heading":"Appointment to other statutory offices","content":"#### 86 Appointment to other statutory offices\n\n86 Appointment to other statutory offices\n\n> Nothing in this Act prevents the head of a Public Service agency or other Public Service employee from also being appointed to a statutory office under any Act.","sortOrder":108},{"sectionNumber":"86A","sectionType":"section","heading":"Oversight of Commissioner’s functions by Joint Committee","content":"#### 86A Oversight of Commissioner’s functions by Joint Committee\n\n86A Oversight of Commissioner’s functions by Joint Committee\n\n> > (1) The Joint Committee has the following functions under this Act—\n> > \n> > > (a) to monitor and review the exercise by the Commissioner of the Commissioner’s functions under this Act (the GSE functions),\n> > \n> > > (b) to report to both Houses of Parliament, with comments as it thinks fit, on matters concerning the Commissioner or connected with the exercise of the Commissioner’s GSE functions to which, in the opinion of the Joint Committee, the attention of Parliament should be directed,\n> > \n> > > (c) to examine each annual and other report of the Commissioner and report to both Houses of Parliament on any matter appearing in, or arising out of, one of those reports,\n> > \n> > > (d) to recommend to both Houses of Parliament changes to the GSE functions of the Commissioner that the Joint Committee thinks desirable,\n> > \n> > > (e) to inquire into any question in connection with the GSE functions which is referred to it by both Houses of Parliament, and report to both Houses on that question.\n> \n> > (2) Nothing in this section authorises the Joint Committee—\n> > \n> > > (a) to investigate a matter relating to any particular conduct, or\n> > \n> > > (b) to reconsider any decision to investigate, not to investigate or to discontinue investigation of any particular matter, or\n> > \n> > > (c) to reconsider the determinations, findings, recommendations or other decisions of the Commissioner in relation to any particular matter.\n> \n> > (3) The provisions of the [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068), Part 4A apply in relation to the Joint Committee’s functions under this Act in the same way as the provisions apply in relation to the Joint Committee’s functions under that Act.\n> \n> > (4) In this section—\n> > \n> > investigate includes inquire into.\n> > \n> > Joint Committee means the Committee on the Ombudsman, the Law Enforcement Conduct Commission and the Crime Commission constituted under the [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068).\n> \n> **s 86A:** Ins 2022 No 76, Sch 1\\[8\\].","sortOrder":109},{"sectionNumber":"87","sectionType":"section","heading":"Proceedings for offences","content":"#### 87 Proceedings for offences\n\n87 Proceedings for offences\n\n> Proceedings for an offence against the regulations may be dealt with summarily before the Local Court.","sortOrder":110},{"sectionNumber":"88","sectionType":"section","heading":"Regulations","content":"#### 88 Regulations\n\n88 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (2) In particular, the regulations may make provision for or with respect to the following—\n> > \n> > > (a) the employment of persons in the government sector (including employment in special cases, leave, allowances, redeployment, mobility and termination),\n> > \n> > > (b) any matter that may be dealt with in the government sector employment rules (in which case the regulations prevail to the extent of any inconsistency with those rules).\n> \n> > (3) The regulations may preclude an employee of a government sector agency who receives a severance or redundancy payment because of a cessation of employment from being engaged in the public sector (referred to in section 41) during a period after that cessation of employment unless arrangements have been made for a refund of a proportionate amount of the payment.\n> \n> > (3A) The regulations may make provision relating to the calculation of the proportionate amount of a payment to be refunded under subsection (3) or under section 41 (3) or 78 (7).\n> \n> > (4) A regulation may create an offence punishable by a penalty not exceeding 10 penalty units.\n> \n> **s 88:** Ins 2016 No 2, Sch 1 \\[73\\] \\[74\\].","sortOrder":111},{"sectionNumber":"89","sectionType":"section","heading":"Review of Act","content":"#### 89 Review of Act\n\n89 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 5 years from the commencement of this Act.\n> \n> > (3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.","sortOrder":112},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Public Service agencies","content":"# Schedule 1 Public Service agencies\n\nSchedule 1 Public Service agencies\n\n(Section 22)\n\nNote.\n\nSection 47A of the [Constitution Act 1902](/view/html/inforce/current/act-1902-032) precludes a statutory body or statutory officer from employing staff unless specifically authorised to do so by legislation.\n\nSection 21 of this Act enables staff to be employed under this Act in Departments or other Public Service agencies to enable Ministers, statutory bodies or statutory officers to exercise their functions. For example, the Public Service agencies referred to in this Schedule as staff agencies comprise persons who are employed under this Act to enable the statutory body included in the name of the agency to exercise its functions.\n\nUnder section 59 of this Act, the persons employed in a Department or other Public Service agency to enable a statutory body to exercise functions may be referred to as the officers or employees, or members of staff, of the statutory body.\n\n**sch 1:** Subst 2014 (11), cl 4 (am 2014 (58), cl 3 (1) (2)). Am 2014 (233), cl 4 (1)–(6); 2014 (413), cl 4 (1)–(7); 2014 No 64, Sch 2.5; 2014 (801), cl 7; 2015 (250), cl 4; 2015 (529), cl 4; 2015 (659), cl 4; note revised by Parliamentary Counsel; 2015 (801), cl 5; 2016 No 2, Sch 1 \\[75\\]; 2016 No 27, Sch 5.5; 2016 No 50, Sch 4.2; 2017 No 4, Sch 2.1; 2017 (60), cl 6 (1) (2); 2017 (79), cl 4; 2017 No 13, Sch 7.6; 2017 No 33, Sch 5.1; 2017 (299), cl 5; 2017 No 37, Sch 2.1; 2017 No 48, Sch 2.2; 2018 (276), cl 6; 2018 (310), cl 5; 2018 No 59, Sch 5.1; 2018 (624), cl 4; 2019 (308), cl 4; 2019 (159), cl 4 (am 2019 (180), Sch 1 \\[1\\]; 2019 (308), cl 6 (1)); 2019 No 7, Sch 1.4; 2020 (121), cl 6(1)–(3); 2020 (137), cl 5; 2020 No 18, Sch 6.5; 2020 No 30, Schs 1.20, 3.18\\[2\\]; 2020 (683), cl 4; 2021 (147), cl 6(1) (2); 2021 (524), cl 5; 2021 (790), Sch 4\\[1\\] \\[2\\] (am 2021 (806), cl 4; 2022 (134), cl 4(3)); 2022 (38), Sch 1.3\\[1\\]–\\[14\\]; 2022 No 8, Sch 5.3; 2022 (262), Sch 1.2; 2022 No 80, Sch 5.2; 2022 (860), Sch 2\\[1\\]–\\[6\\]; 2023 (63), Sch 3\\[1\\] \\[2\\]; 2023 (138), Sch 1; 2023 (236), Sch 3; 2023 (316), Sch 4\\[1\\] \\[2\\]; 2023 (345), Sch 2; 2023 (648), Sch 5\\[1\\] \\[2\\]; 2024 (14), Sch 3; 2024 No 34, Sch 2; 2024 (244), Sch 4\\[1\\]–\\[8\\]; 2024 (371), Sch 3; 2025 (112), Sch 4; 2025 (123), Sch 3; 2025 (650), Sch 4.","sortOrder":113},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Provisions relating to Public Service Commissioner","content":"# Schedule 2 Provisions relating to Public Service Commissioner\n\nSchedule 2 Provisions relating to Public Service Commissioner\n\n(Section 9)","sortOrder":117},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Members and procedure of Public Service Commission Advisory Board","content":"# Schedule 3 Members and procedure of Public Service Commission Advisory Board\n\nSchedule 3 Members and procedure of Public Service Commission Advisory Board\n\n(Section 18)","sortOrder":125},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 4 Savings, transitional and other provisions\n\nSchedule 4 Savings, transitional and other provisions\n\n**sch 4:** Am 2014 (60), Sch 3 \\[1\\]–\\[7\\]; 2014 No 33, Sch 3.9; 2015 (255), cl 3 (1) (2); 2015 (359), Sch 1 \\[1\\]–\\[18\\]; 2015 No 48, Sch 2.2; 2015 (810), Sch 1 \\[1\\] \\[2\\]; 2016 No 2, Sch 1 \\[76\\] \\[77\\]; 2016 (725), Sch 2 \\[1\\]; 2017 (40), cl 3; 2017 (99), Sch 1; 2022 No 76, Sch 1\\[9\\].","sortOrder":144},{"sectionNumber":"7A","sectionType":"section","heading":"Review of senior executive structure for implementation of new executive employment arrangements under this Act","content":"#### 7A Review of senior executive structure for implementation of new executive employment arrangements under this Act\n\n7A Review of senior executive structure for implementation of new executive employment arrangements under this Act\n\n> > (1) The Secretary of each Department is to review the senior executive structure of the Department and its related Public Service agencies in order to transition senior executive employment in the Department and related agencies to the new arrangements under this Act.\n> \n> > (2) The head of a separate Public Service agency is to review the senior executive structure of the agency in order to transition senior executive employment in the agency to the new arrangements under this Act.\n> \n> > (2A) After the Secretary of a Department or the head of a separate Public Service agency completes the review, a senior executive implementation plan is to be submitted to the Commissioner that outlines the proposed transition of senior executive employment to the new arrangements under this Act, including a proposed timetable to transition to those new arrangements by 24 February 2017.\n> \n> > (3) The Commissioner may approve a senior executive implementation plan and determine the date (before 24 February 2017) on which senior executive employment in a Public Service agency, or in a part of a Public Service agency, is to transition to those new arrangements (the implementation date for the agency or part of the agency). The date so determined may be changed by a further determination of the Commissioner (but only to a date before 24 February 2017).\n> \n> > (3A) The date on which a person ceases to be a transitional former senior executive referred to in clause 8 is the implementation date for the Public Service agency or relevant part of the Public Service agency in which the person is employed, unless another date becomes the implementation date for the executive under subclause (3B), (3C), (3D) or (3E) or a different date is determined for the executive in accordance with this clause (the implementation date for the executive).\n> \n> > (3B) If, before the implementation date for the Public Service agency or relevant part of the Public Service agency, a transitional former senior executive—\n> > \n> > > (a) is employed in a role (other than by temporary assignment) in the new senior executive structure of the agency or of another agency and enters into a contract of employment under this Act, or\n> > \n> > > (b) is employed in a non-executive role (other than by temporary assignment) under Division 5 of Part 4 of this Act,\n> > \n> > the implementation date for the executive becomes the date on which the executive is so employed.\n> \n> > (3C) If, before an implementation date is determined for the Public Service agency or relevant part of the Public Service agency, a transitional former senior executive is employed as a Public Service non-executive employee under Division 5 of Part 4 of this Act, the implementation date for the executive becomes the date on which the executive is so employed.\n> \n> > (3D) If, as the result of a comparative assessment in accordance with the government sector employment rules, a transitional former senior executive—\n> > \n> > > (a) is assigned to a different role in a part of the Public Service agency in which the executive is currently employed after the implementation date determined for that part of the agency, and\n> > \n> > > (b) enters into a contract of employment under this Act in relation to that role,\n> > \n> > the implementation date for the executive becomes the date on which the executive is so assigned.\n> \n> > (3E) If a transitional former senior executive is, as the result of a comparative assessment in accordance with the government sector employment rules, employed and assigned to a role in a different agency after the implementation date determined for the agency or the part of the agency in which the role is located, the implementation date for the executive becomes the date on which the executive is so employed and assigned and enters into a contract of employment under this Act.\n> \n> > (4) The Commissioner may determine a different date under this clause for a particular transitional former senior executive than the date otherwise determined for the agency or the part of the agency in which the executive is employed. The date determined for an agency, a part of an agency or for a particular transitional former senior executive may be changed by a further determination of the Commissioner (but only to a date before 24 February 2017).\n> \n> > (5) Without limiting the date that may be determined under subclause (4) as the implementation date for a transitional former senior executive, the implementation date for an executive may be extended by the Commissioner to a date before 24 February 2017 that is beyond the implementation date for other executives in the Public Service agency concerned. The purposes for extending the implementation date may include knowledge transfer and continuity of service by the agency in the transition to the new executive employment arrangements under this Act or to enable the executive to take accrued leave before the termination of employment.\n> \n> > (6) This clause applies to transitional former senior executives employed in the New South Wales Electoral Commission Staff Agency or the Independent Transport Safety Regulator Staff Agency as if references in this clause to 24 February 2017 were references to such later date (not being a date later than 23 August 2017) that the Commissioner may approve on the application of the Electoral Commissioner or the Chief Executive of the Independent Transport Safety Regulator (as the case requires).\n> \n> > (6A) This clause applies to transitional former senior executives employed in the Department of Industry, Skills and Regional Development in an internal audit role as if references in this clause to 24 February 2017 were references to such later date (not being a date later than 30 April 2017) that the Commissioner may approve on the application of the Secretary of that Department.\n> \n> > (7) Determinations of implementation dates by the Commissioner under this clause are to be made in consultation with the relevant Secretaries of Departments and relevant heads of separate Public Service agencies.","sortOrder":154},{"sectionNumber":"8B","sectionType":"section","heading":"Transitional provisions relating to remuneration of senior executives","content":"#### 8B Transitional provisions relating to remuneration of senior executives\n\n8B Transitional provisions relating to remuneration of senior executives\n\n> > (1) For the purposes of clauses 6, 7, 8 and 8A, the remuneration package of a person under the former Act includes any of the following determined by the Statutory and Other Offices Remuneration Tribunal and payable to the person under the former Act—\n> > \n> > > (a) a remuneration package that is payable to the person as the holder of the relevant position under the former Act that exceeds the remuneration package otherwise determined for the senior executive level of the person,\n> > \n> > > (b) an additional amount payable as a recruitment allowance.\n> \n> > (2) If a person referred to in subclause (1) to whom a recruitment allowance is payable is subsequently employed in accordance with the provisions of this Act as a Public Service senior executive, the person continues to be entitled to so much of that former recruitment allowance as will ensure that the remuneration payable after that subsequent employment is not less than the remuneration payable before that subsequent employment. Any general increase in remuneration packages to account for an annual determination of the Statutory and Other Offices Remuneration Tribunal is to be excluded and does not operate to reduce the amount of recruitment allowance payable.\n> \n> > (3) This subclause applies to a former SES executive referred to in clause 8 (or an officer referred to in clause 8A) who is subsequently employed in accordance with the provisions of this Act as a Public Service senior executive and who is assigned to a new role (or subsequently assigned to a different role) that is of equivalent work value as the person’s former position, office or role. The remuneration package of the person in any such new or different role is to be not less than the remuneration package of the person immediately before the person was so subsequently employed.\n> \n> > (4) This subclause applies to a former SO executive referred to in clause 8 who is subsequently employed in accordance with the provisions of this Act as a Public Service senior executive and who is assigned to a role (when first so employed) that is of equivalent work value as the person’s position under the former Act. The person may be paid an allowance, determined by the agency head in accordance with guidance provided by the Commissioner, to avoid any financial disadvantage as a Public Service senior executive in that role (or any other assigned role of equivalent work value) compared to the remuneration payable immediately before the person was so subsequently employed.\n> \n> > (5) A retention allowance payable under the former Act to a person to whom clause 6, 7, 8 or 8A applies is payable for completed years of service (or pro rata for completed parts of years of service) on the date the person ceases to be a person to whom that clause applies (otherwise than by resignation).","sortOrder":157},{"sectionNumber":"8C","sectionType":"section","heading":"Existing temporary employees","content":"#### 8C Existing temporary employees\n\n8C Existing temporary employees\n\n> > (1) This clause applies to a person who, immediately before 24 February 2014, was employed on a temporary basis under the former Act (an existing temporary employee). This clause does not apply to persons employed under the former Act as special temporary employees.\n> > \n> > Note.\n> > \n> > Clause 5 provides that persons employed under the former Act are taken to be employed under this Act in the same kind of employment.\n> \n> > (2) Extension of existing term of temporary employment If the term of employment of an existing temporary employee is due to expire before 24 February 2015, the person’s temporary employment may be extended before it expires in accordance with the provisions of the former Act as if that Act had not been repealed. However, if the temporary employment is to be extended beyond 24 February 2015, the extension of the existing temporary employee’s employment must satisfy the requirements of the government sector employment rules relating to temporary employment.\n> \n> > (3) On and from 24 February 2015, any extension of an existing temporary employee’s employment must be made in accordance with the provisions of the government sector employment rules relating to temporary employment.\n> \n> > (4) Conversion to ongoing employment Despite its repeal, section 31 of the former Act continues to apply, until 24 February 2015, in relation to an existing temporary employee who is a long-term employee within the meaning of that section. Any appointment of the employee under that section as so continued by this clause is taken to be employment in ongoing employment under this Act in a relevant role.\n> \n> > (5) On and from 24 February 2015, any conversion of an existing temporary employee’s employment to ongoing employment must be made in accordance with the provisions of the government sector employment rules.","sortOrder":158},{"sectionNumber":"13A","sectionType":"section","heading":"Staff of certain statutory bodies","content":"#### 13A Staff of certain statutory bodies\n\n13A Staff of certain statutory bodies\n\n> Despite the repeal of the former Act, that Act continues to apply to the employment of staff under Chapter 1A of that Act—\n> \n> > (a) (Repealed)\n> \n> > (b) in the Treasury Corporation Division to enable the Treasury Corporation to exercise its functions, but only until 1 July 2015 or until such time as the Treasury Corporation is authorised by legislation to employ staff (whichever is the sooner), and\n> \n> > (c) in the SAS Trustee Corporation Division to enable the SAS Trustee Corporation to exercise its functions, but only until 1 January 2016 or until such time as the SAS Trustee Corporation is authorised by legislation to employ staff (whichever is the sooner).","sortOrder":164},{"sectionNumber":"13B","sectionType":"section","heading":null,"content":"#### 13B\n\n13B, 13C (Repealed)","sortOrder":165},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":null,"content":"# Schedule 5\n\nSchedules 5, 6 (Repealed)\n\n**sch 5:** Rep 1987 No 15, sec 30C.\n\n**sch 6:** Am 1987 No 15, sec 30C. Rep 1987 No 15, sec 30C.","sortOrder":178}],"analysis":{"issue_detection":{"absurdities":[{"type":"retroactive_impossibility","section":"Point-in-time version timeline: entry for 01/01/2023","severity":"high","reasoning":"A legislative version cannot logically be 'current' from a date in 2023 to a date in 2022. The end date (22/02/2022) predates the start date (01/01/2023) by approximately 10 months. This means the version purports to have been in force before it commenced, which is a fundamental chronological impossibility. It is almost certainly a data entry error (likely should read 22/02/2023), but as published it is logically incoherent.","confidence":0.97,"description":"The version commencing 01/01/2023 is listed as 'Current from 01/01/2023 to 22/02/2022' — the end date precedes the start date by nearly a year, creating a version that is temporally impossible."},{"type":"other","section":"Point-in-time version timeline: entry for 24/02/2014","severity":"medium","reasoning":"A legislative version with identical start and end dates has a logical duration of zero. While technically this could occur if two amending instruments commenced on the same day, it produces an absurdity in the timeline: the version both commences and ceases on 24/02/2014, making it practically undetectable and unapplicable. The immediately following version begins 25/02/2014, suggesting two separate amendments took effect on consecutive days, but as published the zero-duration version is anomalous.","confidence":0.85,"description":"A version is listed as 'Current from 24/02/2014 to 24/02/2014' — a duration of zero days, meaning it was simultaneously in force and superseded on the same day."},{"type":"other","section":"Point-in-time version timeline: entry for 31/03/2017","severity":"medium","reasoning":"As with the 24/02/2014 entry, a version with identical start and end dates has zero operative duration. The version that follows commences 01/04/2017, suggesting amendments took effect on consecutive days, but the zero-duration version is logically incapable of governing any conduct for any period of time.","confidence":0.85,"description":"A version is listed as 'Current from 31/03/2017 to 31/03/2017' — again a zero-duration version, creating the same logical impossibility of simultaneous commencement and cessation."},{"type":"other","section":"Point-in-time version timeline: entry for 31/12/2022","severity":"medium","reasoning":"A further zero-duration version appearing in the timeline. The version immediately following commences 01/01/2023, consistent with a pattern of year-end amendments taking effect on the final day of a calendar year and then being superseded at midnight by a new-year instrument. However, a version with no operative period remains logically absurd as a governing instrument.","confidence":0.85,"description":"A version is listed as 'Current from 31/12/2022 to 31/12/2022' — a third instance of a zero-duration version."}],"contradictions":[{"severity":"high","section_a":"Point-in-time version timeline: entry for 01/01/2023 (start date)","section_b":"Point-in-time version timeline: entry for 01/01/2023 (end date)","confidence":0.97,"description":"The version dated 01/01/2023 states it is 'Current from 01/01/2023 to 22/02/2022'. The start date (01/01/2023) directly contradicts the end date (22/02/2022), as a version cannot commence after it has already ceased."},{"severity":"high","section_a":"Point-in-time version timeline: entry for 23/02/2023 (start date: 23/02/2023)","section_b":"Point-in-time version timeline: entry for 01/01/2023 (end date: 22/02/2022)","confidence":0.88,"description":"If the 01/01/2023 version truly ended on 22/02/2022 as stated, there is an unexplained gap in legislative coverage between 22/02/2022 and 23/02/2023 — a period of over a year during which no version appears to govern, contradicting the general principle of continuous legislative operation."},{"severity":"low","section_a":"Status Information: 'The provisions displayed in this version of the legislation have all commenced.'","section_b":"Point-in-time version timeline: zero-duration entries (24/02/2014, 31/03/2017, 31/12/2022)","confidence":0.55,"description":"The status information asserts all displayed provisions have commenced, yet zero-duration versions in the timeline — versions operative for a single day before being replaced — raise a tension: if amendments took effect and were immediately superseded on the same day, it is unclear whether provisions from those versions can be said to have 'commenced' in any meaningful practical sense."}]},"kimi_summary":{"_metrics":{"completionTokens":806},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2013 form. Major additions include: Part 2A Code of Ethics (2022), reinstatement provisions for senior executives terminated for whistleblowing (2016), post-employment restrictions for senior executives (2022), expanded inquiry powers for the Commissioner and Premier's Department Secretary, and oversight by the Joint Committee on the Ombudsman (2022). The Schedule 4 transitional provisions have also grown substantially to handle multiple rounds of structural reforms."},"complexity_factors":["Multiple overlapping employment categories (senior executives vs non-executives, ongoing vs term vs temporary vs casual)","Extensive cross-referencing between Parts, Divisions, and Schedules (e.g., Schedule 1 lists all agencies, Schedule 4 contains complex transitional provisions)","Nested conditional logic for termination grounds (section 47 has 10 separate grounds plus 'any other ground prescribed')","Complex delegation chains (Commissioner → agency heads → employees, with sub-delegation permitted)","Detailed transitional arrangements in Schedule 4 preserving old employment conditions while transitioning to new system","Multiple exclusion clauses (section 5 excludes certain staff, section 58 excludes senior executives from industrial relations coverage)","Interaction with other legislation (Industrial Relations Act, Constitution Act, various agency-specific Acts)","27 defined terms in section 3 alone, with recursive definitions (e.g., 'government sector' defined by reference to 'Public Service', which is defined by reference to Part 4)"],"plain_english_summary":"**What this Act does:**\n\nThis is the main law governing how public servants are employed in New South Wales. It sets up the rules for hiring, managing, and firing people who work for the state government.\n\n**Key things it covers:**\n\n- **Who it applies to:** Most government workers in NSW — including people in Departments, the police (administrative staff), health workers, and transport staff. It does **not** apply to judges, MPs' staff, anti-corruption staff, or audit office staff.\n\n- **The Public Service Commissioner:** A senior independent official who oversees the whole system, makes employment rules, and can investigate government agencies. They can't be sacked without an independent review and recommendation.\n\n- **Ethical framework:** Establishes four core values that all government workers must follow — **Integrity, Trust, Service, and Accountability** — plus a Code of Ethics that the Commissioner can enforce.\n\n- **How people are employed:**\n  - **Senior executives** (Secretaries of Departments and other senior managers) work under contracts with specific performance requirements and can be moved between agencies.\n  - **Other employees** have ongoing, temporary, or casual employment with protections against unfair dismissal.\n\n- **Employer powers:** Department Secretaries and agency heads act as the employer for their staff, with powers to hire, fire, and manage — but they must follow merit-based recruitment and can't discriminate.\n\n- **Industrial relations:** The Industrial Relations Secretary (currently the Secretary of the Premier's Department) handles pay and conditions, separate from day-to-day management.\n\n- **Misconduct and poor performance:** Clear processes for dealing with employees who perform badly or behave badly, including suspension and termination.\n\n- **Workforce diversity:** Agencies must actively promote diversity in their staffing.\n\n**Why it matters:**\n\nThis Act tries to balance two things: giving government managers flexibility to run their agencies efficiently, while protecting public servants from political interference and ensuring they serve the public interest rather than personal or political interests. It replaced an older system in 2013 and has been updated several times since."},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has evolved significantly from its 2013 origins. Originally designed to modernise and consolidate NSW public sector employment under a unified framework, it has been substantially expanded through 70+ amendments to cover new agency types, revised executive employment arrangements, updated integrity and conduct obligations, and responses to workforce challenges including the COVID-19 pandemic. What began as a streamlining reform has grown into a comprehensive and increasingly complex employment code."},"complexity_factors":["Extremely high amendment frequency — over 70 distinct versions since 2013, meaning the law has changed almost constantly and tracking current obligations requires careful version control","Broad scope covering multiple distinct employment categories (senior executives, public servants, casual workers, etc.), each with different rules","Relies heavily on subordinate legislation — 'employment rules' made by the Public Service Commissioner carry legal force but sit outside the Act itself","Interacts with numerous other laws (industrial relations, anti-discrimination, work health and safety, privacy, public finance) creating a complex web of obligations","Applies to dozens of separate government agencies with different structures, functions and ministerial oversight arrangements","Merit-based recruitment principles intersect with complex exceptions and special appointment mechanisms","Senior executive employment framework involves separate contractual arrangements distinct from the general public service","The Act itself is an enabling/framework statute — much of the operational detail is delegated to rules, regulations, and agency-level policies not visible in the Act alone"],"plain_english_summary":"## Government Sector Employment Act 2013 (NSW)\n\n**What is this?**\nThis is a NSW law that governs how the NSW public service (government employees — think public servants, bureaucrats, and agency staff) is structured, hired, managed, and run. It is the foundational rulebook for NSW government employment.\n\n**Who does it affect?**\n- **NSW public servants** — anyone who works for a NSW government department or agency (e.g. Transport, Health administration, Treasury, etc.)\n- **Government agencies and departments** — how they're structured and how they manage staff\n- **Job applicants** applying for government roles\n- **Taxpayers** — because it shapes how efficiently and ethically the public service operates\n\n**What does it do in practice?**\n- Sets out rules for **hiring** (recruitment must be merit-based — meaning the best person for the job gets it, not the Premier's mate)\n- Defines different **types of government workers** (e.g. senior executives, public servants, casual staff)\n- Establishes a **code of conduct** — public servants must act with integrity, in the public interest\n- Empowers the **Public Service Commissioner** (an independent watchdog) to oversee standards\n- Sets rules for **managing performance**, **discipline**, **transfers**, and **termination** of government employees\n- Allows for **employment rules (called 'rules')** to be made by the Commissioner covering pay, conditions, and procedures\n\n**Why does it matter?**\nThis Act is the backbone of how over 400,000 NSW public servants are employed. It directly affects job security, pay, workplace rights, and how government services are delivered to the public. It has been amended over 70 times since 2013, showing it is a living, constantly updated framework.\n\n> **Note:** This document only contains the status/metadata page of the Act — not the full text of the legislation itself. The analysis is based on the known content of this well-established NSW statute."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act’s scope has been extended and adjusted since its original enactment by later inserted provisions and amendments in the text provided. Examples in the text include a statutory power for the Commissioner to adopt a code of ethics by order (s 8A, insertion noted as 2022), a requirement for the Minister to table an annual report on the state of the government sector (s 82A, inserted 2024), and amendments to the Commissioner’s objectives and reporting duties (see ss 10–11 and related amendment notes). The schedules and amendment notes in the text record multiple later changes and transitional arrangements (Schedule 4 and amendment notes), indicating the Act’s coverage and administrative mechanisms have been broadened and updated from the original instrument."},"complexity_factors":["Multiple, interlocking employment regimes (senior executives vs non‑executives) with different rights and processes (Divs 4–5, ss 33–47, s 58).","Wide delegation and multi‑level decision‑making (Governor, Premier, Minister, Commissioner, Secretaries, agency heads) (ss 9, 13, 23, 26, 27).","Commissioner’s rule‑making power and its interaction with regulations and other Acts (s 12; s 88).","Extensive cross‑references and transitional provisions tying this Act to many other statutes (Schedule 4; ss 59, 85).","Exclusions from external industrial jurisdiction for many matters (s 58) shifting dispute resolution into internal procedures and specialised tribunals.","Detailed provisions on assignment, transfer and secondment across many agency types (ss 38, 64–66), increasing operational complexity.","Special regimes for removal, compensation and post‑employment oversight for senior and statutory officers (Part 6; ss 78, 83B).","Reporting, inquiry and information‑production obligations that require ongoing administrative systems (ss 15, 16, 82, 83)."],"plain_english_summary":"What this law does, mechanically\n\n- Creates a single legal framework for employment across most NSW government services by defining the “government sector” and the “Public Service” and listing agencies to which the Act applies (see definitions and Schedule 1, s 3, s 22).\n- Establishes a Public Service Commissioner and a Public Service Commission Advisory Board, sets their appointment, removal, functions and reporting requirements, and gives the Commissioner powers to make employment rules, require information and give written directions to agency heads (see Divisions 1–2 of Part 3: ss 9–19; s 12; s 13; s 16; s 15).\n- Allocates employer functions (the legal authority to hire, assign, manage and terminate staff) to Secretaries of Departments and to heads of other Public Service agencies, with rules for delegation (see ss 23–31; ss 26–27; ss 31–32).\n- Creates a distinct regime for senior executives (bands, written contracts, remuneration limits, assignment, termination and compensation) and separate rules for non‑executive employees (see Division 4 and Division 5, ss 33–47; ss 34–41; ss 42–47).\n- Authorises the Commissioner to make government sector employment rules, published online and binding where not inconsistent with the Act (s 12). Those rules may cover recruitment, classification, performance management, transfers, secondments and misconduct procedures (see ss 48, 64, 67–69).\n- Allocates industrial relations functions to the Industrial Relations Secretary for industrial proceedings and determinations affecting conditions of employment and enables that Secretary to enter agreements that bind groups of Public Service employees (see Division 6: ss 49–53).\n- Sets out misconduct, suspension, performance and termination processes, and excludes many executive employment matters from industrial tribunal procedures (see ss 58, 68–70, 69).\n- Provides powers for inquiries and special ministerial inquiries into agencies, reporting obligations to Parliament, and rules for removal and compensation for certain statutory officers (see ss 82, 83, Part 6 ss 75–79; s 78).\n- Allows extensive regulation‑making and transitional savings provisions; the Act interacts with many other NSW Acts and implements transitional arrangements for staff from repealed former legislation (see ss 88; Schedule 4).\n\nStated purpose and testing it against costs, incentives and implementation effects\n\n- Stated purpose: the Act’s objects include developing a modern, high‑performing government sector with merit‑based, apolitical, and professional employment arrangements; establishing transparent governance; and providing for the Commissioner’s functions (s 4; s 6).\n\nHow the Act attempts to achieve those goals (mechanisms):\n- Central coordination and standards: Commissioner can make binding sector rules (s 12), publish them (s 12(3)), require agency reports (s 16) and give directions to agency heads (s 13).\n- Employer decentralisation: Secretaries and agency heads exercise employer functions locally (ss 26, 31) but are subject to Commissioner rules and directions (s 13).\n- Differentiated employment regimes: clear distinctions between senior executives (contracted, banded, narrower industrial rights) and non‑executive staff (ss 33–47; s 58).\n\nCosts, incentives and trade‑offs visible in the text\n\n- Compliance and administrative cost: making, publishing and complying with sector rules (s 12) and supplying information on request (s 16) create ongoing reporting and rule‑implementation tasks for agencies.\n- Concentrated benefits to senior executives: contract flexibility, negotiated compensation and termination arrangements are concentrated on a relatively small group (Div 4, ss 39–41; s 40). Heads and Secretaries hold clear employer authority (s 26), concentrating decision influence.\n- Increased central discretion: the Commissioner’s power to direct agency heads (s 13) and to make sector rules (s 12) gives a central official discretion to shape employment practice across agencies; delegation provisions (ss 17, 27, 32) further distribute discretion within the sector.\n- Reduced external industrial review for executives: executive employment matters are excluded from industrial tribunal processes (s 58) and some disputes are managed internally under the Act and rules (ss 58, 68), shifting dispute resolution away from external industrial mechanisms.\n- Implementation risk: the reforms rely on sector rules, delegated arrangements and consultation processes (s 12; s 13(2)). Effective operation therefore depends on timely and clear rules and on agencies’ capacity to implement them.\n\nEffects on private enterprise, mobility and private choice\n\n- Movement between public and private sectors is enabled (secondments and transfers, s 66) and limited for certain former senior executives by a guidance requirement before taking relevant private employment (s 83B). The Act therefore facilitates staff mobility but requires oversight for some senior roles.\n- The Act does not directly regulate the prices, products or competitive conduct of private businesses; its principal effects on the private sector are labour‑market related (secondments, post‑employment guidance, and potential availability of experienced former executives to private employers) (ss 66, 83B).\n\nWho pays, who decides, and what behaviour changes\n\n- Who pays: remuneration, termination payments and employer costs remain payable by the Government (ss 26(1), 41(2), 60). Agencies may be directed to provide information and to meet employer costs in specified cases (ss 16, 60).\n- Who decides: appointments and removals involve the Governor, the Premier and the Minister in defined ways (s 9; s 23; s 77). The Commissioner decides sector rules (s 12) and can direct agency heads (s 13). Agency heads and Secretaries exercise employer functions day‑to‑day (ss 26, 31). The Industrial Relations Secretary decides certain industrial conditions (s 52).\n- Behavioural changes compelled: agency heads must follow Commissioner directions (s 13(3)) unless inconsistent with independent statutory functions (s 13(4)). Employees must comply with an adopted code of ethics (s 8A(3)). Senior executives move to contract employment and may be assigned across agencies under rules (ss 39, 38).\n\nImplementation and compliance burdens noted in the Act\n\n- Publication and rule maintenance obligations (s 12(3)).\n- Agency reporting and information‑production duties directed by the Commissioner (s 16(1), (3)).\n- Consultation obligations before directions or assignments in some contexts (s 13(2); s 38(5)–(7)).\n\nPractical trade‑offs and risks the Act creates (text‑supported)\n\n- Central rule‑making and direction (s 12; s 13) aims for consistency and merit‑based processes but creates compliance costs and concentrates decision rights in the Commissioner and senior managers (ss 12, 13, 26).\n- Excluding executive employment from industrial tribunal jurisdiction (s 58) accelerates managerial control over senior employment outcomes but reduces an external legal check on those decisions.\n- Transitional and savings provisions and extensive cross‑references to other Acts (Schedule 4, ss 59, 88) mean practical implementation depends on parallel rules and regulations and on inter‑Act coordination.\n\nSource pointers: key provisions cited above (Definitions and application s 3; Objects s 4; Commissioner and rules ss 9, 11–13; Employment arrangements Part 4 Divisions 2–5; Industrial relations Division 6 ss 49–53; Misconduct and performance ss 68–70; Secondments s 66; Code of ethics s 8A; Reporting and inquiries ss 15, 16, 82, 83; Removal and compensation Part 6 ss 75–79)."}},"importantCases":[],"_links":{"self":"/api/acts/government-sector-employment-act-2013","history":"/api/acts/government-sector-employment-act-2013/history","analysis":"/api/acts/government-sector-employment-act-2013/analysis","conflicts":"/api/acts/government-sector-employment-act-2013/conflicts","importantCases":"/api/acts/government-sector-employment-act-2013/important-cases","documents":"/api/acts/government-sector-employment-act-2013/documents"}}