{"id":"nsw:sl-2014-0060","name":"Government Sector Employment Regulation 2014","slug":"government-sector-employment-regulation-2014","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"60 of 2014","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177866,"registerId":"nsw-nsw:sl-2014-0060-current","compilationNumber":null,"startDate":"2026-04-05","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 Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Government Sector Employment Regulation 2014](/view/html/inforce/current/sl-2014-0060).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on 24 February 2014 and is required to be published on the NSW legislation website.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Regulation—\n> > \n> > agency head means—\n> > \n> > > (a) in relation to a Public Service employee—the head of the Public Service agency in which the employee is employed, or\n> > \n> > > (b) in relation to an employee of a government sector agency other than a Public Service agency—the head of that agency.\n> > \n> > Note.\n> > \n> > Section 3 of the Act provides that the head of any such government sector agency that is not a Public Service agency is the person who exercises employer functions in relation to the employees concerned. Accordingly, the following are relevant agency heads—\n> > \n> > > (a) the Teaching Service—the Secretary of the Department of Education and Communities,\n> > \n> > > (b) the NSW Police Force—the Commissioner of Police,\n> > \n> > > (c) the NSW Health Service—the Secretary of the Ministry of Health,\n> > \n> > > (d) the Transport Service of New South Wales—the Secretary of the Department of Transport.\n> > \n> > employer of a Health Service senior executive means the person who, in accordance with section 116 of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154), exercises employer functions in relation to the executive.\n> > \n> > former Act means the [Public Sector Employment and Management Act 2002](/view/html/repealed/current/act-2002-043).\n> > \n> > government sector employee means a person who is employed in a government sector agency.\n> > \n> > Health Secretary means the Secretary of the Ministry of Health.\n> > \n> > Health Service senior executive means a person employed in the NSW Health Service as a NSW Health Service senior executive.\n> > \n> > Industrial Relations Secretary has the same meaning as in section 49 of the Act.\n> > \n> > NSW Police Force senior executive means a person employed in the NSW Police Force as a NSW Police Force senior executive.\n> > \n> > Public Service non-executive employee means an employee referred to in Division 5 of Part 4 of the Act.\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 of the Act applies.\n> > \n> > State industrial instrument means an industrial instrument within the meaning of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017).\n> > \n> > the Act (or the new Act) means the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040).\n> > \n> > Transport Secretary means the Secretary of the Department of Transport.\n> > \n> > Transport Service senior executive means a person employed in the Transport Service as a Transport Service senior executive.\n> > \n> > Transport Service senior manager means a person employed in the Transport Service as a Transport Service senior manager.\n> > \n> > Note.\n> > \n> > The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.\n> \n> > (2) Notes included in this Regulation do not form part of this Regulation.\n> \n> **cl 3:** Am 2016 (725), Sch 1 \\[1\\]; 2017 (274), Sch 1 \\[1\\]; 2017 (579), Sch 1 \\[1\\].","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Decisions under Regulation to be notified","content":"#### 4 Decisions under Regulation to be notified\n\n4 Decisions under Regulation to be notified\n\n> > (1) Any decision by a relevant person under this Regulation is to be published or notified in such manner as the person considers necessary in order to bring the decision to the notice of the government sector employees to whom it applies.\n> \n> > (2) In this clause—\n> > \n> > relevant person means any of the following—\n> > \n> > > (a) the Public Service Commissioner,\n> > \n> > > (b) the Industrial Relations Secretary,\n> > \n> > > (c) the head of a government sector agency.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Statutory bodies included as part of the government sector for certain purposes","content":"#### 5 Statutory bodies included as part of the government sector for certain purposes\n\n5 Statutory bodies included as part of the government sector for certain purposes\n\n> > (1) Each of the following is prescribed as a government sector agency for the purposes of section 16 of the Act (Provision of reports and information by agencies)—\n> > \n> > > (a) a State owned corporation,\n> > \n> > > (b) a university referred to in clause 34 (but only in relation to the provision of reports and information relating to workforce diversity).\n> \n> > (2) For the purposes of section 16 of the Act—\n> > \n> > > (a) the head of a body referred to in subclause (1) (a) is the person holding office as the chief executive (however described) of the body, and\n> > \n> > > (b) the head of any such university is the Vice Chancellor of the university.\n> \n> > (3) The following State owned corporations are prescribed for the purposes of paragraph (g) of the definition of government sector in section 3 (1) of the Act but only in relation to section 73 of the Act (Appointment to position in government sector not affected by additional appointment)—\n> > \n> > > (a) Landcom,\n> > \n> > > (b) Water NSW.\n> > \n> > This subclause does not limit the operation of subclause (1) to the extent that it applies to those State owned corporations.\n> \n> **cl 5:** Am 2014 (123), cl 3; 2014 No 74, Sch 3.11.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Application of certain provisions of Act to administrative employees of NSW Police Force","content":"#### 6 Application of certain provisions of Act to administrative employees of NSW Police Force\n\n6 Application of certain provisions of Act to administrative employees of NSW Police Force\n\n> The part of the NSW Police Force comprising administrative employees under the [Police Act 1990](/view/html/inforce/current/act-1990-047) is prescribed as a government sector agency for the purposes of the following provisions of the Act—\n> \n> > (a) section 69 (Misconduct—Public Service and other prescribed government sector employees),\n> \n> > (b) section 70 (Suspension of employees from duty pending decision in relation to misconduct, criminal charge or corrupt conduct).\n> \n> **cl 6:** Am 2017 (579), Sch 1 \\[2\\].","sortOrder":6},{"sectionNumber":"6A","sectionType":"section","heading":"Government sector agencies excluded from section 68 of the Act","content":"#### 6A Government sector agencies excluded from section 68 of the Act\n\n6A Government sector agencies excluded from section 68 of the Act\n\n> The following government sector agencies are excluded from section 68 of the Act (Unsatisfactory performance of government sector employees)—\n> \n> > (a) Rail Corporation New South Wales,\n> \n> > (b) Sydney Trains,\n> \n> > (c) NSW Trains.\n> \n> **cl 6A:** Ins 2016 (404), Sch 1 \\[1\\].","sortOrder":7},{"sectionNumber":"6B","sectionType":"section","heading":"Delegations","content":"#### 6B Delegations\n\n6B Delegations\n\n> For the Act, section 81(2), definition of authorised person, the following persons are authorised persons—\n> \n> > (a) the Minister administering the [Service NSW (One-stop Access to Government Services) Act 2013](/view/html/inforce/current/act-2013-039),\n> \n> > (b) the Minister administering the [Children’s Guardian Act 2019](/view/html/inforce/current/act-2019-025).\n> \n> **cl 6B:** Ins 2024 (236), Sch 1\\[1\\]. Subst 2025 (86), Sch 1.","sortOrder":8},{"sectionNumber":"Part 2","sectionType":"part","heading":"Public Service employment","content":"# Part 2 Public Service employment\n\nPart 2 Public Service employment","sortOrder":9},{"sectionNumber":"Division 1","sectionType":"division","heading":"General provisions","content":"## Division 1 General provisions\n\nDivision 1 General provisions","sortOrder":10},{"sectionNumber":"7","sectionType":"section","heading":"Employees not to undertake other paid work without permission","content":"#### 7 Employees not to undertake other paid work without permission\n\n7 Employees not to undertake other paid work without permission\n\n> > (1) A Public Service employee is not to undertake any other paid work without the permission of the agency head.\n> \n> > (2) This clause does not apply to a person who is—\n> > \n> > > (a) employed in casual employment, or\n> > \n> > > (b) working part-time,\n> > \n> > during the period that the person is not required to perform duties in the Public Service, but only if the performance of those duties is not adversely affected and no conflict of interest arises.","sortOrder":11},{"sectionNumber":"8","sectionType":"section","heading":"Deductions for rent in certain cases","content":"#### 8 Deductions for rent in certain cases\n\n8 Deductions for rent in certain cases\n\n> > (1) If a Public Service employee is allowed to use, for residential purposes, any premises belonging to the Government, the Industrial Relations Secretary may direct that a fair and reasonable sum as rent for the premises be deducted from the salary of the employee.\n> \n> > (2) In giving any such direction, the Industrial Relations Secretary is to either fix the amount of rent to be deducted or specify a person by whom the amount of rent to be deducted is to be fixed.\n> \n> > (3) If a Public Service employee is allowed to use, for residential purposes, any premises or any land vested in or managed by the Teacher Housing Authority of New South Wales, an amount fixed by that Authority in respect of rent is to be deducted from the salary of the employee and paid to that Authority.\n> \n> > (4) This clause is subject, in the case of a Public Service senior executive, to the contract of employment of the executive.\n> \n> > (5) In this clause, rent includes payment for board and lodging.","sortOrder":12},{"sectionNumber":"9","sectionType":"section","heading":"Reporting charges and convictions for serious offences","content":"#### 9 Reporting charges and convictions for serious offences\n\n9 Reporting charges and convictions for serious offences\n\n> > (1) A Public Service employee who is charged with, or is convicted of, a serious offence must immediately report that fact in writing to the agency head.\n> \n> > (2) If the manager of a Public Service employee has reason to believe that the employee—\n> > \n> > > (a) has been charged with, or has been convicted of, a serious offence, and\n> > \n> > > (b) has not reported the matter to the agency head,\n> > \n> > the manager must immediately inform the agency head in writing that the manager has reason to believe that the employee has been charged with, or has been convicted of, the serious offence.\n> \n> > (3) If the employee required to report under subclause (1) is the head of a Public Service agency, subclause (1) applies as if references to the agency head were references to a Minister to whom the agency is responsible.\n> \n> > (4) In this clause—\n> > \n> > convicted of an offence includes being found guilty of the offence without the court proceeding to a conviction.\n> > \n> > manager of a Public Service employee means the manager of the branch or other part of the Public Service agency in which the employee is employed.\n> > \n> > serious offence has the same meaning as in section 69 of the Act.","sortOrder":13},{"sectionNumber":"10","sectionType":"section","heading":"Employee to report bankruptcy etc","content":"#### 10 Employee to report bankruptcy etc\n\n10 Employee to report bankruptcy etc\n\n> > (1) If a Public Service employee (other than a person employed in casual employment) becomes bankrupt or makes a composition, arrangement or assignment for the benefit of the employee’s creditors, the employee must—\n> > \n> > > (a) immediately notify the agency head in writing of the bankruptcy, composition, arrangement or assignment, and\n> > \n> > > (b) within such period as the agency head specifies, provide the agency head with such further information with respect to the cause of the bankruptcy or of the making of the composition, arrangement or assignment as the agency head requires.\n> \n> > (2) If any such employee is the head of a Public Service agency, subclause (1) applies as if references to the agency head were references to a Minister to whom the agency is responsible.\n> \n> > (3) An agency head may, as a condition of the engagement of a person in a role in the Public Service agency relating to financial management in the agency, require the person to declare, before the person is engaged in that role, whether or not the person has at any time been declared bankrupt or made a composition, arrangement or assignment for the benefit of the person’s creditors.","sortOrder":14},{"sectionNumber":"10A","sectionType":"section","heading":"Overseas trade employees","content":"#### 10A Overseas trade employees\n\n10A Overseas trade employees\n\n> > (1) In this clause—\n> > \n> > overseas trade employee means a person who—\n> > \n> > > (a) is employed in either of the following departments (a relevant Department) to work in the area of international trade and investment—\n> > > \n> > > > (i) the Department of Creative Industries, Tourism, Hospitality and Sport,\n> > > \n> > > > (ii) the Premier’s Department, and\n> > \n> > > (b) ordinarily resides and works in a country other than Australia while so employed.\n> \n> > (2) The employment under the Act of an overseas trade employee is subject to such arrangements as may be determined by the Secretary of the relevant Department in respect of the employee.\n> \n> > (3) Any arrangements determined by a Secretary under this clause in respect of an overseas trade employee—\n> > \n> > > (a) may be specified in the employee’s contract of employment, and\n> > \n> > > (b) prevail to the extent of any inconsistency with any other provision of this Regulation or the government sector employment rules.\n> \n> > (4) An overseas trade employee who is a Public Service non-executive employee may be employed under a written contract of employment signed by the employee and by the Secretary of the relevant Department.\n> \n> > (5) Persons may be employed as overseas trade employees without compliance with the government sector employment rules on merit-based employment. However, any decision to employ a person as an overseas trade employee must be based on the person’s appropriateness for the role concerned having regard to the nature of the role and the person’s qualifications, skills and experience.\n> \n> > (6) Any limitation under the government sector employment rules on the power of the Secretary of the relevant Department to delegate his or her functions under the Act does not apply in respect of those functions to the extent that they relate to overseas trade employees.\n> \n> **cl 10A:** Ins 2015 (810), Sch 2. Am 2023 (319), sec 3(1); 2024 (236), Sch 1\\[2\\]–\\[4\\].","sortOrder":15},{"sectionNumber":"10B","sectionType":"section","heading":"Exemption for transfer of employees from private operator—the Act, s 88","content":"#### 10B Exemption for transfer of employees from private operator—the Act, s 88\n\n10B Exemption for transfer of employees from private operator—the Act, s 88\n\n> > (1) For the Act, section 88(2), the [Government Sector Employment (General) Rules 2014](/view/html/inforce/current/sl-2014-0065), Part 3 does not apply to a decision to employ a person as a Public Service non-executive employee if—\n> > \n> > > (a) the person is employed by a private entity that is engaged to exercise a function or manage or operate a service on behalf of the NSW Government, and\n> > \n> > > (b) the private entity will cease to exercise the function or manage or operate the service, and\n> > \n> > > (c) the agency head is satisfied that the person is suitable for the role.\n> \n> > (2) For subclause (1)(c) and without limiting the paragraph, the agency head—\n> > \n> > > (a) must consider the person’s employment history and conduct after conducting appropriate checks, and\n> > \n> > > (b) may require that the person complete one or more assessments, any of which may be an interview.\n> \n> **cl 10B:** Ins 2024 (485), Sch 1.","sortOrder":16},{"sectionNumber":"Division 2","sectionType":"division","heading":"General conditions of employment","content":"## Division 2 General conditions of employment\n\nDivision 2 General conditions of employment","sortOrder":17},{"sectionNumber":"11","sectionType":"section","heading":"Application of Division","content":"#### 11 Application of Division\n\n11 Application of Division\n\n> The provisions of this Division are subject to any State industrial instrument.","sortOrder":18},{"sectionNumber":"12","sectionType":"section","heading":"Public holidays","content":"#### 12 Public holidays\n\n12 Public holidays\n\n> A Public Service employee is entitled to be absent from duty on the following days unless the employee is required to attend for duty by the agency head or by a person authorised by the agency head—\n> \n> > (a) a day that is a public holiday throughout the State,\n> \n> > (b) a day (or part of a day) that is a public holiday under the [Public Holidays Act 2010](/view/html/inforce/current/act-2010-115) in that part of the State at or from which the employee is working,\n> \n> > (c) a day between Boxing Day and New Year’s Day determined by the agency head.","sortOrder":19},{"sectionNumber":"13","sectionType":"section","heading":"Absence from duty","content":"#### 13 Absence from duty\n\n13 Absence from duty\n\n> > (1) A Public Service employee must not be absent from duty unless reasonable cause is shown.\n> \n> > (2) If a Public Service employee is absent from duty because of illness or other emergency, the employee must, as soon as practicable, provide an explanation for the absence.\n> \n> > (3) If the Public Service employee fails to provide that explanation to the satisfaction of the agency head, the agency head is to cause to be deducted from the pay of the employee the amount paid to the employee for the period of absence.\n> \n> > (4) This clause does not prevent any other action being taken under section 69 of the Act in relation to a Public Service employee who is absent from duty without authorised leave.","sortOrder":20},{"sectionNumber":"14","sectionType":"section","heading":"Increments","content":"#### 14 Increments\n\n14 Increments\n\n> > (1) The payment to any Public Service employee of an increment in accordance with any State industrial instrument or determination by the Industrial Relations Secretary under section 52 of the Act is, unless otherwise provided by the instrument or determination, to be made only with the prior approval of the agency head.\n> \n> > (2) The payment of an increment to a Public Service employee (including any decision by the agency head to accelerate the progression of an employee through the increment scale applying to the employee) is subject to—\n> > \n> > > (a) performance requirements under the agency’s performance management system, and\n> > \n> > > (b) the satisfactory conduct of the employee as determined by the agency head.\n> \n> > (3) The agency’s performance management system is to set out the criteria for the payment of an increment in relation to performance.\n> \n> > (4) Until such time as the agency head is satisfied that such criteria are set out in the agency’s performance management system or until 1 July 2015 (whichever is the sooner), the payment of an increment to an employee is subject to the satisfactory performance of duties by, and the satisfactory conduct of, the employee as determined by the agency head.\n> \n> > (5) The payment of an increment may be deferred from time to time, but may not be deferred for more than 12 months at any one time.\n> \n> > (6) A Public Service employee must be promptly notified in writing by the agency head of any decision to defer payment of an increment. The notice must include the reasons for the decision.\n> \n> > (7) This clause does not apply to Public Service senior executives.","sortOrder":21},{"sectionNumber":"15","sectionType":"section","heading":"Fitness for duty","content":"#### 15 Fitness for duty\n\n15 Fitness for duty\n\n> > (1) For the purposes of this clause, a Public Service employee is not fit for duty if the health of the employee—\n> > \n> > > (a) may render the employee a risk to the health and safety of other Public Service employees or the general public, or\n> > \n> > > (b) is likely to be seriously affected by the employee remaining on duty or, if the employee is absent from duty, by the employee resuming duty.\n> \n> > (2) If the agency head has reason to believe that a Public Service employee is not fit for duty, the agency head may direct the employee to submit to such medical examination or other health assessment as the agency head may, on the advice of a nominated medical assessor, consider necessary.\n> \n> > (3) A Public Service employee to whom an agency head gives a direction under subclause (2)—\n> > \n> > > (a) must, if on duty, cease duty immediately, and\n> > \n> > > (b) must not resume duty until the completion of the medical examination or other health assessment concerned unless the concurrence of a nominated medical assessor is first obtained or a certificate is furnished by a medical practitioner that the employee is fit for duty.\n> \n> > (4) If the agency head receives a health assessment from a nominated medical assessor that a Public Service employee is fit for duty and the employee is absent from duty, the agency head is to direct in writing that the employee must resume duty.\n> \n> > (5) If the agency head receives a health assessment from a nominated medical assessor that a Public Service employee is not fit for duty—\n> > \n> > > (a) the agency head is to direct in writing that the employee must cease duty immediately or, if absent from duty, must not resume duty, and\n> > \n> > > (b) the employee must not resume duty unless the agency head, on the advice of a nominated medical assessor, approves the resumption of duty in writing.\n> \n> > (6) If a direction has been given to a Public Service employee under subclause (4) or (5), the nature of the leave, if any, to be granted to the employee during the absence from duty is to be determined by the agency head after consideration of any relevant advice of the nominated medical assessor.\n> \n> > (7) The agency head is to give the health care professional providing a health assessment of a Public Service employee under this clause any requested information about the employment of the employee that is reasonably required for the purpose of providing the assessment.\n> \n> > (8) In this clause—\n> > \n> > nominated medical assessor means a person or body, or a person who is a member of a class of persons, nominated by the Public Service Commissioner for the purposes of this clause.","sortOrder":22},{"sectionNumber":"Division 3","sectionType":"division","heading":"Leave","content":"## Division 3 Leave\n\nDivision 3 Leave","sortOrder":23},{"sectionNumber":"16","sectionType":"section","heading":"Extended leave entitlements","content":"#### 16 Extended leave entitlements\n\n16 Extended leave entitlements\n\n> Schedule 1 applies to Public Service employees other than persons employed in casual employment. This clause is subject to Schedule 4 to the Act.\n> \n> Note.\n> \n> Under transitional provisions in clause 9 of Schedule 4 to the GSE Act, Schedule 1 to this Regulation does not apply to certain groups of staff to whom the general Public Service extended leave entitlements did not apply under the former Act. Schedule 1 also applies to members of the Transport Service (see section 68Q (2) of the [Transport Administration Act 1988](/view/html/inforce/current/act-1988-109) and clause 12 of Schedule 4 to the GSE Act).\n> \n> **cl 16:** Am 2017 (274), Sch 1 \\[2\\].","sortOrder":24},{"sectionNumber":"17","sectionType":"section","heading":"Other leave entitlements for senior executives and certain other employees","content":"#### 17 Other leave entitlements for senior executives and certain other employees\n\n17 Other leave entitlements for senior executives and certain other employees\n\n> > (1) This clause applies to—\n> > \n> > > (a) Public Service senior executives, and\n> > \n> > > (b) Public Service non-executive employees whose entitlement to leave is not subject to a State industrial instrument.\n> \n> > (2) The provisions of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 that relate to leave are taken to apply to a Public Service employee to whom this clause applies and any such employee is entitled to leave in accordance with that award subject to any conditions or limitation set out in that award as if the employee were covered by that award.\n> \n> > (3) This clause is subject to Schedule 4 to the Act.\n> \n> **cl 17:** Am 2016 (404), Sch 1 \\[2\\].","sortOrder":25},{"sectionNumber":"18","sectionType":"section","heading":"Accrued leave of non-executive employees who become Public Service senior executives","content":"#### 18 Accrued leave of non-executive employees who become Public Service senior executives\n\n18 Accrued leave of non-executive employees who become Public Service senior executives\n\n> > (1) This clause applies to a person who, immediately before being employed as a Public Service senior executive, was employed as a Public Service non-executive employee.\n> \n> > (2) If the person—\n> > \n> > > (a) had a right to accrued extended or annual leave with pay immediately before being employed as a Public Service senior executive, and\n> > \n> > > (b) has not taken that leave before taking up duties as the executive,\n> > \n> > the person is entitled, on taking up those duties, to be paid instead of that leave (or any part of that leave) the money value of that leave (or part) as a gratuity if the person so elects.\n> \n> > (3) An election under this clause is to be made within the time and in the manner determined by the head of the Public Service agency in which the person is to be employed as a Public Service senior executive.\n> \n> > (4) The money value of leave is to be calculated at the rate of pay of the person immediately before employment as a Public Service senior executive.\n> \n> > (5) A person who was employed in the public sector when employed as a Public Sector senior executive retains any right to extended, annual, sick or other leave accrued or accruing to the person immediately before the employment as a Public Sector senior executive (except any accrued leave which is paid out by a gratuity under subclause (2)).\n> \n> > (6) A reference in this clause to employment in the public sector has the same meaning as it has for the purposes of section 41 of the Act.","sortOrder":26},{"sectionNumber":"Division 4","sectionType":"division","heading":"Allowances","content":"## Division 4 Allowances\n\nDivision 4 Allowances","sortOrder":27},{"sectionNumber":"19","sectionType":"section","heading":"Application of Division","content":"#### 19 Application of Division\n\n19 Application of Division\n\n> The provisions of this Division are subject to any State industrial instrument.\n> \n> Note.\n> \n> Other allowances are set out in the Crown Employees (Public Service Conditions of Employment) Award 2009.","sortOrder":28},{"sectionNumber":"20","sectionType":"section","heading":"Allowance for temporary assignments to higher non-executive roles","content":"#### 20 Allowance for temporary assignments to higher non-executive roles\n\n20 Allowance for temporary assignments to higher non-executive roles\n\n> > (1) A Public Service non-executive employee who is temporarily assigned by the agency head under the government sector employment rules to another non-executive role in the agency is entitled to be paid an allowance under this clause if the other role is at a higher classification of work than the employee’s current classification of work.\n> \n> > (2) Subject to this clause, the amount of the allowance to be paid to the employee who is temporarily assigned to another role is the difference between the salary of the employee’s usual role and the point in the salary range of the other role that the agency head determines is appropriate having regard to the employee’s capabilities, knowledge and experience.\n> \n> > (3) The amount of the allowance to be paid is proportionate to the duties to be performed by the employee in the other role and is to be determined by the agency head before the employee starts the temporary assignment.\n> \n> > (4) An allowance under this clause is not to be paid—\n> > \n> > > (a) for a temporary assignment to another role that is for a single period of less than 5 ordinary working days (except where the agency head otherwise determines), or\n> > \n> > > (b) in the case where the temporary assignment is for a period of less than 3 months—for any unbroken period of leave of more than 5 ordinary working days taken by the employee during the temporary assignment.\n> \n> > (5) Subclause (4) (a) does not prevent an allowance being paid under this clause to an employee who works part-time.","sortOrder":29},{"sectionNumber":"21","sectionType":"section","heading":"Allowance for temporary assignments to executive roles","content":"#### 21 Allowance for temporary assignments to executive roles\n\n21 Allowance for temporary assignments to executive roles\n\n> > (1) Non-executives assigned to executive roles A Public Service non-executive employee who is temporarily assigned by the agency head under the government sector employment rules to an executive role in the agency is entitled to be paid an allowance.\n> \n> > (2) Subject to this clause, the amount of the allowance to be paid under subclause (1) is the difference between the salary of the person’s usual role and the notional salary of the executive role to which the person is temporarily assigned.\n> \n> > (3) Executives assigned to higher executive roles A Public Service senior executive who is temporarily assigned by the agency head under the government sector employment rules to an executive role that is—\n> > \n> > > (a) in a band higher than the band in which the executive is employed, or\n> > \n> > > (b) in the same band in which the executive is employed but at a higher remuneration point within that band,\n> > \n> > is entitled to be paid an allowance.\n> \n> > (4) Subject to this clause, the amount of the allowance to be paid under subclause (3) is the difference between the total amount of the executive’s remuneration package and the total amount of the remuneration package for the executive role to which the executive is temporarily assigned that corresponds to a point, as determined by the agency head for the purposes of the temporary assignment, within the remuneration range for that executive role.\n> \n> > (5) General provisions The amount of an allowance to be paid under this clause is proportionate to the duties to be performed by the person in the other role and is to be determined by the agency head before the person starts the temporary assignment.\n> \n> > (6) An allowance under this clause is not to be paid—\n> > \n> > > (a) for a temporary assignment to another role for a single period of less than 5 ordinary working days (except where the agency head otherwise determines), or\n> > \n> > > (b) in the case where the temporary assignment is for a period of less than 3 months—for any unbroken period of leave of more than 5 ordinary working days taken by the person during the temporary assignment.\n> \n> > (7) Subclause (6) (a) does not prevent an allowance being paid under this clause to a person who works part-time.\n> \n> > (8) In this clause—\n> > \n> > agency head in relation to a Public Service senior executive means the employer of the executive if the employer is not otherwise the agency head.\n> > \n> > executive role means the role of Public Service senior executive.\n> > \n> > notional salary in relation to an executive role to which a non-executive employee is temporarily assigned means the total amount of the remuneration package that corresponds to a point, as determined by the agency head for the purposes of the temporary assignment, within the remuneration range for the executive role, less the superannuation guarantee amount payable in respect of a person employed in the executive role at that remuneration point.\n> > \n> > superannuation guarantee amount means the minimum amount payable to a superannuation fund or scheme in respect of a person that is sufficient to avoid an individual superannuation guarantee shortfall, within the meaning of the [Superannuation Guarantee (Administration) Act 1992](http://www.legislation.gov.au/) of the Commonwealth, in respect of the person.","sortOrder":30},{"sectionNumber":"22","sectionType":"section","heading":"Allowance for secondments","content":"#### 22 Allowance for secondments\n\n22 Allowance for secondments\n\n> A Public Service employee who is seconded under section 64 of the Act to another Public Service agency is entitled to be paid an allowance at the same rate as the employee would be entitled under clause 20 or 21 had the secondment been a temporary assignment for which an allowance is payable under those clauses.","sortOrder":31},{"sectionNumber":"23","sectionType":"section","heading":"Payment where allowance not adequate or available","content":"#### 23 Payment where allowance not adequate or available\n\n23 Payment where allowance not adequate or available\n\n> > (1) If the agency head is satisfied that, but for this clause, the actual expenses properly and reasonably incurred by a Public Service employee in the performance of official duties—\n> > \n> > > (a) are not adequately covered by an allowance to which the employee is entitled under this Regulation, or\n> > \n> > > (b) are not covered by any allowance payable under this Regulation or under any State industrial instrument,\n> > \n> > the employee is to be paid an allowance equivalent to the amount of those additional expenses or the amount of those expenses (as the case requires).\n> \n> > (2) An allowance is not payable under this clause unless the employee produces official receipts for the expenses incurred by the employee.\n> \n> > (3) An allowance under this clause may be reduced if it exceeds without good cause any limit approved in advance by the agency head for the expenses concerned.","sortOrder":32},{"sectionNumber":"Part 3","sectionType":"part","heading":"Employment in Public Service and other government sector agencies","content":"# Part 3 Employment in Public Service and other government sector agencies\n\nPart 3 Employment in Public Service and other government sector agencies","sortOrder":33},{"sectionNumber":"24","sectionType":"section","heading":"Repayment of severance or redundancy payments for non-executives on re-employment in public sector: section 88 (3) of Act","content":"#### 24 Repayment of severance or redundancy payments for non-executives on re-employment in public sector: section 88 (3) of Act\n\n24 Repayment of severance or redundancy payments for non-executives on re-employment in public sector: section 88 (3) of Act\n\n> > (1) A government sector employee who receives a severance or redundancy payment because of a cessation of employment is not to be employed in the public sector during the period to which the payment relates unless arrangements have been made for a refund of the proportionate amount of the payment.\n> \n> > (2) The proportionate amount of a payment to be refunded is to be calculated on the basis of the number of weeks (if any) that remain as part of the period to which the payment relates.\n> \n> > (3) In this clause—\n> > \n> > employment of a former government sector employee in the public sector includes—\n> > \n> > > (a) engagement of the former employee as a consultant or contractor to the employer, and\n> > \n> > > (b) engagement of the former employee 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 employee 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 the Act by section 5 of the Act are employed or a statutory office.\n> \n> > (4) This clause does not apply to any of the following—\n> > \n> > > (a) Public Service senior executives,\n> > \n> > > (b) Health Service senior executives,\n> > \n> > > (c) Transport Service senior executives and Transport Service senior managers,\n> > \n> > > (d) NSW Police Force senior executives.\n> > \n> > Note.\n> > \n> > In the case of Public Service senior executives, see section 41 (3) of the Act and clause 39 of this Regulation.\n> > \n> > In the case of Health Service senior executives, see section 121H (3) of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154) and clause 41 of this Regulation.\n> > \n> > In the case of Transport Service senior executives and senior managers, see section 68N (3) of the [Transport Administration Act 1988](/view/html/inforce/current/act-1988-109) and clause 44 of this Regulation.\n> > \n> > In the case of NSW Police Force senior executives, see section 41 (2) of the [Police Act 1990](/view/html/inforce/current/act-1990-047) and clause 46 of this Regulation.\n> \n> **cl 24:** Am 2016 (404), Sch 1 \\[3\\]; 2016 (725), Sch 1 \\[2\\]; 2017 (274), Sch 1 \\[3\\]; 2017 (579), Sch 1 \\[3\\] \\[4\\]; 2023 (319), sec 3(2); 2023 No 35, Sch 2.3.","sortOrder":35},{"sectionNumber":"25","sectionType":"section","heading":"Employment pending cessation of employment","content":"#### 25 Employment pending cessation of employment\n\n25 Employment pending cessation of employment\n\n> > (1) If a person who is employed in a government sector agency (the incumbent employee) notifies the person’s employer in writing that the person—\n> > \n> > > (a) intends to resign or retire from the employment on a specified date, or\n> > \n> > > (b) does not intend to seek re-employment on completion of the current term of employment,\n> > \n> > the employer may, before the person ceases to be employed, take action to recruit and employ another person (the new employee) in that employment.\n> \n> > (2) The employment of the new employee may, if the instrument of employment so provides, take effect before the incumbent employee ceases to be employed.\n> \n> > (3) In any such case, the incumbent employee and the new employee—\n> > \n> > > (a) are both employed in the same role or position, and\n> > \n> > > (b) may jointly exercise the functions of that role or position.\n> \n> > (4) If in the joint exercise of any statutory function of that role or position any inconsistency arises in connection with the exercise of that function, the decision of the incumbent employee in relation to the matter prevails.","sortOrder":36},{"sectionNumber":"25A","sectionType":"section","heading":"Transfer of services to non-government sector—no severance or redundancy payments if comparable employment offered or not applied for","content":"#### 25A Transfer of services to non-government sector—no severance or redundancy payments if comparable employment offered or not applied for\n\n25A Transfer of services to non-government sector—no severance or redundancy payments if comparable employment offered or not applied for\n\n> > (1) A person whose employment in a government sector agency ceases as a result of the transfer to a non-government sector body of any of the services provided by the agency is not entitled to any severance or redundancy payment for that cessation of employment if—\n> > \n> > > (a) the person is offered employment by the non-government sector body that is comparable with the person’s employment as a government sector employee, or\n> > \n> > > (b) the person fails to apply for any such comparable employment that has been notified to the person as being available.\n> \n> > (2) For the purposes of subclause (1), employment by a non-government sector body (the new employment) is comparable with the person’s employment as a government sector employee (the former employment) if—\n> > \n> > > (a) the person’s prior service in the government sector is recognised for the purposes of the new employment, and\n> > \n> > > (b) the work to be performed by the person under the new employment is similar to the work performed by the person under the former employment, and\n> > \n> > > (c) the terms of any industrial instrument or agreement (however described) applying to the new employment are substantially similar to, and (when considered on an overall basis) no less favourable than, the terms of any government sector industrial instrument that applied to the former employment, and\n> > \n> > > (d) the new employment does not involve an unreasonable increase in the person’s journey to work.\n> \n> > (3) To avoid doubt, subclause (1) does not create an entitlement to any severance or redundancy payment.\n> \n> > (4) Subclause (1) is subject to any State industrial instrument and to clause 39.\n> \n> > (4A) Subclause (1) does not apply in relation to a person whose employment in a government sector agency is to cease as a result of the transfer to a non-government sector body of any of the services provided by the agency if—\n> > \n> > > (a) the non-government sector body was selected before 1 January 2015 by the Government of New South Wales, as a result of a process for the formation of a public-private partnership, to provide those services, and\n> > \n> > > (b) the transfer is not authorised by or under an Act, and\n> > \n> > > (c) the transfer was not completed before the commencement of this subclause.\n> \n> > (5) In this clause—\n> > \n> > government sector industrial instrument means any of the following—\n> > \n> > > (a) a State industrial instrument,\n> > > \n> > > Note.\n> > > \n> > > State industrial instrument is defined in the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015).\n> > \n> > > (b) a federal industrial instrument within the meaning of section 9A of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017),\n> > \n> > > (c) a determination made under any Act fixing conditions of employment of government sector employees.\n> > \n> > non-government sector body means any of the following—\n> > \n> > > (a) a private sector entity (including a not-for-profit sector entity),\n> > \n> > > (b) a local council,\n> > \n> > > (c) a State owned corporation,\n> > \n> > > (d) a public authority or government agency of the Commonwealth or of another State or Territory.\n> > \n> > services provided by an agency include functions exercised by the agency.\n> \n> **cl 25A:** Ins 2016 (324), Sch 1. Am 2017 (567), cl 3.","sortOrder":37},{"sectionNumber":"26","sectionType":"section","heading":"Definition","content":"#### 26 Definition\n\n26 Definition\n\n> In this Division—\n> \n> cessation of employment includes cessation of employment by resignation, retirement or otherwise.","sortOrder":39},{"sectionNumber":"27","sectionType":"section","heading":"State industrial instruments","content":"#### 27 State industrial instruments\n\n27 State industrial instruments\n\n> This Division applies in addition to any State industrial instrument.","sortOrder":40},{"sectionNumber":"28","sectionType":"section","heading":"Recognition of prior service for extended leave","content":"#### 28 Recognition of prior service for extended leave\n\n28 Recognition of prior service for extended leave\n\n> Schedule 2 applies to government sector employees.","sortOrder":41},{"sectionNumber":"29","sectionType":"section","heading":"Annual leave","content":"#### 29 Annual leave\n\n29 Annual leave\n\n> > (1) A government sector employee who ceases to be employed in a government sector agency and immediately commences employment in another government sector agency may elect—\n> > \n> > > (a) to be paid the whole or part of the money value of the employee’s accrued annual leave, or\n> > \n> > > (b) to retain the entitlement to that accrued annual leave.\n> > \n> > Note.\n> > \n> > The right to cash out leave is, in the case of a Public Service employee, subject to the award requirement to take 10 days of annual leave each year.\n> \n> > (2) A government sector employee who elects to retain the entitlement to accrued annual leave is taken to have, on commencing employment in the other government sector agency, the amount of accrued annual leave to which the employee was entitled immediately before the end of his or her previous employment. This leave is in addition to any annual leave which accrues after that commencement.\n> \n> > (3) For the purpose of calculating an entitlement under this clause, the money value of accrued annual leave owing to a Public Service senior executive is to be determined on the basis of the person’s notional salary.\n> \n> > (4) In this clause—\n> > \n> > accrued annual leave means annual leave owing to a government sector employee (but not taken), and includes any such leave accrued because of the operation of this clause.\n> > \n> > notional salary, in relation to a Public Service senior executive, means the total amount of the remuneration package for the person as last determined before the time of payment, less the superannuation guarantee amount payable in respect of the person.\n> > \n> > superannuation guarantee amount means the minimum amount payable to a superannuation fund or scheme in respect of a person that is sufficient to avoid an individual superannuation guarantee shortfall, within the meaning of the [Superannuation Guarantee (Administration) Act 1992](http://www.legislation.gov.au/) of the Commonwealth, in respect of the person.","sortOrder":42},{"sectionNumber":"30","sectionType":"section","heading":"Sick leave","content":"#### 30 Sick leave\n\n30 Sick leave\n\n> > (1) A government sector employee who ceases to be employed in a government sector agency and immediately commences employment in another government sector agency is taken to have, on commencing that employment, the amount of accrued sick leave to which the employee was entitled before that commencement. This leave is in addition to any sick leave which accrues after that commencement.\n> \n> > (2) The eligibility of a government sector employee for sick leave that includes any period of accrued sick leave is to be determined in accordance with the conditions relating to the granting of sick leave in the employee’s current employment.\n> \n> > (3) In this clause—\n> > \n> > accrued sick leave means the amount of sick leave to which the employee would have been entitled in the event of illness, and includes any such leave accrued because of the operation of this clause.","sortOrder":43},{"sectionNumber":"31","sectionType":"section","heading":"Maternity leave etc","content":"#### 31 Maternity leave etc\n\n31 Maternity leave etc\n\n> > (1) This clause applies for the purposes of determining whether a government sector employee who ceases to be employed in a government sector agency and immediately commences employment in another government sector agency is entitled to maternity leave, partner leave, adoption leave or any other leave (other than extended leave) for which a condition of eligibility is a minimum period of service.\n> \n> > (2) For the purposes of determining a government sector employee’s entitlement to leave referred to in this clause—\n> > \n> > > (a) service with the employee’s previous employer is taken to be service with the employee’s current employer, if the previous employment was in another government sector agency and if that period of service was continuous with the employee’s current employment, and\n> > \n> > > (b) service with any other former employers is taken to be service with the person’s current employer, if the service was in other government sector agencies and the periods of service with those agencies were continuous with each other and the employee’s previous employment in a government sector agency.\n> \n> > (3) Except as provided by this clause, the eligibility of a government sector employee for leave referred to in this clause is to be determined in accordance with the conditions applying to that leave in the employee’s current employment.\n> \n> > (4) A reference in this clause to service with a previous or former employer extends to include a reference to any such service before 24 February 2014.","sortOrder":44},{"sectionNumber":"32","sectionType":"section","heading":"Access to forfeited sick leave—transitional arrangements","content":"#### 32 Access to forfeited sick leave—transitional arrangements\n\n32 Access to forfeited sick leave—transitional arrangements\n\n> > (1) If a government sector employee is eligible for sick leave for any absence from duty but has exhausted his or her sick leave entitlement, the employee’s employer may grant to the employee any of the employee’s forfeited sick leave as sick leave for the absence.\n> \n> > (2) An employee’s forfeited sick leave is the total amount of sick leave that the employee ceased to be entitled to up to 13 October 1995, being sick leave that he or she would presently be entitled to had clause 30 been in force from when the employee was first employed in a government sector agency.\n> \n> > (3) Once any period of a government sector employee’s forfeited sick leave has been granted as sick leave under this clause, it is no longer regarded as forfeited sick leave for the purposes of any further grant of sick leave to the employee under this clause (whether by the same or a different employer).\n> \n> > (4) In determining whether or not a government sector employee is entitled to sick leave, all the employee’s entitlements to sick leave are to be taken into account, including special sick leave and sick leave to which the employee is entitled by operation of clause 30.\n> \n> > (5) The Commissioner may provide guidance to government sector employers as to the circumstances in which, and the matters to be taken into account in determining whether, forfeited sick leave should or should not be granted as sick leave under this clause.","sortOrder":45},{"sectionNumber":"33","sectionType":"section","heading":"Funding of leave entitlements","content":"#### 33 Funding of leave entitlements\n\n33 Funding of leave entitlements\n\n> The Treasurer may give directions requiring the transfer of funds between government sector employers for the purpose of making due allowance and appropriate adjustments for liabilities incurred by reason of the operation of this Division and Schedule 1, or liabilities with respect to extended or long service leave.","sortOrder":46},{"sectionNumber":"34","sectionType":"section","heading":"Prescribed agencies for purposes of workforce diversity","content":"#### 34 Prescribed agencies for purposes of workforce diversity\n\n34 Prescribed agencies for purposes of workforce diversity\n\n> The following universities are prescribed for the purposes of the definition of government sector agency in section 63 of the Act—\n> \n> > (a) Charles Sturt University,\n> \n> > (b) Macquarie University,\n> \n> > (c) Southern Cross University,\n> \n> > (d) University of New England,\n> \n> > (e) University of New South Wales,\n> \n> > (f) University of Newcastle,\n> \n> > (g) University of Sydney,\n> \n> > (h) University of Technology Sydney,\n> \n> > (i) Western Sydney University,\n> \n> > (j) University of Wollongong.\n> \n> **cl 34:** Am 2015 No 15, Sch 4.3; 2016 No 27, Sch 3.","sortOrder":48},{"sectionNumber":"35","sectionType":"section","heading":"Secondments to staff of political office holders","content":"#### 35 Secondments to staff of political office holders\n\n35 Secondments to staff of political office holders\n\n> > (1) In this clause—\n> > \n> > political office holder has the same meaning as in the [Members of Parliament Staff Act 2013](/view/html/inforce/current/act-2013-041).\n> > \n> > staff of a political office holder means the group of staff who are employed by the political office holder under Part 2 of the [Members of Parliament Staff Act 2013](/view/html/inforce/current/act-2013-041).\n> \n> > (2) A government sector employee may, at the request of the employee, be seconded to the staff of a political office holder by agreement between the head of the agency in which the person is employed and the political office holder.\n> \n> > (3) Any such agreement is to set out the following—\n> > \n> > > (a) the period of the secondment,\n> > \n> > > (b) the financial responsibilities relating to the employee’s entitlements,\n> > \n> > > (c) the procedure to be followed on completion of the secondment,\n> > \n> > > (d) the circumstances in which the secondment may be terminated and the form of notice to be given to terminate the secondment before the end of the agreed period of secondment.\n> \n> > (4) A copy of the agreement must be provided to the seconded employee.\n> \n> > (5) The political office holder to whose staff an employee is seconded under this clause is responsible for ensuring that the employee is assigned a suitable role while seconded to that office.\n> \n> > (6) The seconded employee is, while seconded to the staff of a political office holder under this clause, subject to the conditions of employment applying to the members of that staff under Part 2 of the [Members of Parliament Staff Act 2013](/view/html/inforce/current/act-2013-041).\n> \n> > (7) Any annual leave accrued by the seconded employee in the service of a government sector agency may be taken while on secondment to the staff of a political office holder.\n> \n> > (8) On completion of the secondment, the seconded employee—\n> > \n> > > (a) retains any rights to leave accrued by the person while on secondment, and\n> > \n> > > (b) is entitled to return to the government sector agency from which the employee was seconded at the same work level at which the person was employed immediately before being seconded.\n> \n> > (9) The period of a person’s secondment under this clause is, for the purposes of calculating the person’s extended leave entitlements as a government sector employee, taken to be a period of employment in the government sector agency from which the person was seconded.\n> \n> > (10) Despite any other provision of this clause, the secondment of a government sector employee to the staff of a political office holder may be terminated at any time by the political office holder.\n> \n> > (11) A political office holder may delegate to a member of the political office holder’s staff any of the office holder’s functions under this clause.\n> \n> > (12) The chief executive of a local health district or specialty network governed health corporation (within the meaning of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154)) may not be seconded to the staff of a political office holder under this clause without the concurrence of the Health Secretary.\n> \n> > (13) The reference in subclause (2) to the head of the agency in which a person is employed is, in the case where the person is a Health Service senior executive, taken to be a reference to the employer of the executive.\n> \n> **cl 35:** Am 2016 (725), Sch 1 \\[3\\].","sortOrder":50},{"sectionNumber":"Part 4","sectionType":"part","heading":"Additional provisions relating to Public Service senior executives","content":"# Part 4 Additional provisions relating to Public Service senior executives\n\nPart 4 Additional provisions relating to Public Service senior executives","sortOrder":51},{"sectionNumber":"36","sectionType":"section","heading":"Contract of employment—additional matters to be dealt with in contract","content":"#### 36 Contract of employment—additional matters to be dealt with in contract\n\n36 Contract of employment—additional matters to be dealt with in contract\n\n> The following matters are prescribed for the purposes of section 39 (4) (i) of the Act—\n> \n> > (a) matters relating to confidentiality and intellectual property,\n> \n> > (b) capability-based assessments,\n> \n> > (c) matters of an administrative or ancillary nature that, in the opinion of the Commissioner, are necessary or convenient to be dealt with in the contract of employment.","sortOrder":52},{"sectionNumber":"37","sectionType":"section","heading":"Election to be paid money value of accrued leave","content":"#### 37 Election to be paid money value of accrued leave\n\n37 Election to be paid money value of accrued leave\n\n> A Public Service senior executive may elect at any time to be paid the whole or part of the money value of the executive’s accrued annual or extended leave.\n> \n> Note.\n> \n> The right to cash out leave is subject to the award requirement (as applied by clause 17) to take 10 days of annual leave each year.","sortOrder":53},{"sectionNumber":"38","sectionType":"section","heading":"Allowances for Public Service senior executives","content":"#### 38 Allowances for Public Service senior executives\n\n38 Allowances for Public Service senior executives\n\n> > (1) Subject to section 40 (3) of the Act and this clause, a Public Service senior executive is entitled to be paid—\n> > \n> > > (a) such travelling and subsistence allowances, and\n> > \n> > > (b) such allowances in relation to reasonable relocation expenses (whether at the time of being selected for the executive role or during the term of the executive’s employment), and\n> > \n> > > (c) such other allowances in relation to expenses incurred in the discharge of the executive’s duties,\n> > \n> > as the executive’s employer may from time to time determine in respect of the executive.\n> \n> > (2) The payment of an allowance determined by the employer in respect of a Public Service senior executive is subject to any determination by the Public Service Commissioner as to the circumstances in which an allowance of that kind may be paid and the amount of the allowance.\n> \n> **cl 38:** Am 2016 No 2, Sch 5.3 \\[1\\] \\[2\\].","sortOrder":54},{"sectionNumber":"39","sectionType":"section","heading":"Compensation for termination of employment and calculation of proportionate amount to be refunded on re-employment in public sector","content":"#### 39 Compensation for termination of employment and calculation of proportionate amount to be refunded on re-employment in public sector\n\n39 Compensation for termination of employment and calculation of proportionate amount to be refunded on re-employment in public sector\n\n> > (1) The contract of employment of a Public Service senior executive is to provide for the payment of the following compensation to the executive on the termination of the executive’s employment by the employer—\n> > \n> > > (a) if the employment is terminated under section 41 of the Act during or at the end of any period of probation imposed as a condition of the executive’s engagement—an amount equal to the executive’s remuneration package for a period of 4 weeks,\n> > \n> > > (b) if the employment is otherwise terminated under section 41 of the Act—an amount equal to the executive’s remuneration package for a period of 38 weeks or for the period remaining on the term of the contract (whichever is the lesser),\n> > \n> > > (c) if the employment is terminated under section 68 of the Act for unsatisfactory performance—an amount equal to the executive’s remuneration package for a period of 13 weeks.\n> \n> > (2) No compensation is payable if the executive’s employment is terminated under section 69 of the Act for misconduct.\n> \n> > (3) The proportionate amount of a payment to be refunded under section 41 (3) of the Act is to be calculated on the basis of the number of weeks (if any) that remain as part of the period to which the payment relates.\n> \n> > (4) The amount of compensation payable in accordance with this clause to a Public Service senior executive on the termination of the executive’s employment by the employer is, in the case of a senior executive who is employed part-time, to be calculated on a pro-rata basis.","sortOrder":55},{"sectionNumber":"Part 5","sectionType":"part","heading":"Additional provisions relating to Health Service senior executives","content":"# Part 5 Additional provisions relating to Health Service senior executives\n\nPart 5 Additional provisions relating to Health Service senior executives\n\n**pt 5:** Ins 2016 (725), Sch 1 \\[4\\].","sortOrder":56},{"sectionNumber":"40","sectionType":"section","heading":"Contract of employment—additional matters to be dealt with in contract","content":"#### 40 Contract of employment—additional matters to be dealt with in contract\n\n40 Contract of employment—additional matters to be dealt with in contract\n\n> The following matters are prescribed for the purposes of section 39 (4) (i) of the Act in relation to Health Service senior executives—\n> \n> > (a) matters relating to confidentiality and intellectual property,\n> \n> > (b) capability-based assessments,\n> \n> > (c) matters of an administrative or ancillary nature that, in the opinion of the Health Secretary, are necessary or convenient to be dealt with in the contract of employment.\n> \n> **cl 40:** Ins 2016 (725), Sch 1 \\[4\\].","sortOrder":57},{"sectionNumber":"41","sectionType":"section","heading":"Compensation for termination of employment (except for misconduct) and calculation of proportionate amount to be refunded on re-employment in public sector","content":"#### 41 Compensation for termination of employment (except for misconduct) and calculation of proportionate amount to be refunded on re-employment in public sector\n\n41 Compensation for termination of employment (except for misconduct) and calculation of proportionate amount to be refunded on re-employment in public sector\n\n> > (1) The contract of employment of a Health Service senior executive is to provide for the payment of the following compensation to the executive on the termination of the executive’s employment by the employer of the executive—\n> > \n> > > (a) if the employment is terminated under section 121H of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154) (except for misconduct) during or at the end of any period of probation imposed as a condition of the executive’s engagement—an amount equal to the executive’s remuneration package for a period of 4 weeks,\n> > \n> > > (b) if the employment is otherwise terminated under section 121H of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154) (except for misconduct)—an amount equal to the executive’s remuneration package for a period of 38 weeks or for the period remaining on the term of the contract (whichever is the lesser),\n> > \n> > > (c) if the employment is terminated under section 68 of the Act for unsatisfactory performance—an amount equal to the executive’s remuneration package for a period of 13 weeks.\n> \n> > (2) No compensation is payable if the Health Service senior executive’s employment is terminated under section 121H of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154) for misconduct.\n> \n> > (3) The proportionate amount of a payment to be refunded under section 121H (3) of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154) is to be calculated on the basis of the number of weeks (if any) that remain as part of the period to which the payment relates.\n> \n> > (4) The amount of compensation payable in accordance with this clause to a Health Service senior executive on the termination of the executive’s employment by the employer is, in the case of a senior executive who is employed part-time, to be calculated on a pro-rata basis.\n> \n> **cl 41:** Ins 2016 (725), Sch 1 \\[4\\]. Am 2017 (274), Sch 1 \\[4\\] \\[5\\].","sortOrder":58},{"sectionNumber":"42","sectionType":"section","heading":"Accrued leave of non-executive employees who become Health Service senior executives","content":"#### 42 Accrued leave of non-executive employees who become Health Service senior executives\n\n42 Accrued leave of non-executive employees who become Health Service senior executives\n\n> > (1) This clause applies to a person who, immediately before being employed as a Health Service senior executive, was employed in the NSW Health Service otherwise than as a Health Service senior executive.\n> \n> > (2) If the person—\n> > \n> > > (a) had a right to accrued extended or annual leave with pay immediately before being employed as a Health Service senior executive, and\n> > \n> > > (b) has not taken that leave before taking up duties as the executive,\n> > \n> > the person is entitled, on taking up those duties, to be paid instead of that leave (or any part of that leave) the money value of that leave (or part) as a gratuity if the person so elects.\n> \n> > (3) An election under this clause is to be made within the time and in the manner determined by the employer of the Health Service senior executive.\n> \n> > (4) The money value of leave is to be calculated at the rate of pay of the person immediately before employment as a Health Service senior executive.\n> \n> > (5) A person who was employed in the public sector when employed as a Health Service senior executive retains any right to extended, annual, sick or other leave accrued or accruing to the person immediately before the employment as a Health Service senior executive (except any accrued leave which is paid out by a gratuity under subclause (2)).\n> \n> > (6) A reference in this clause to employment in the public sector has the same meaning as it has for the purposes of section 41 of the Act.\n> \n> **cl 42:** Ins 2016 (725), Sch 1 \\[4\\].","sortOrder":59},{"sectionNumber":"Part 6","sectionType":"part","heading":"Additional provisions relating to Transport Service senior executives and senior managers","content":"# Part 6 Additional provisions relating to Transport Service senior executives and senior managers\n\nPart 6 Additional provisions relating to Transport Service senior executives and senior managers\n\n**pt 6 (cll 43, 44):** Ins 2017 (274), Sch 1 \\[6\\].","sortOrder":60},{"sectionNumber":"43","sectionType":"section","heading":"Additional matters to be dealt with in contract of employment of Transport Service senior executives","content":"#### 43 Additional matters to be dealt with in contract of employment of Transport Service senior executives\n\n43 Additional matters to be dealt with in contract of employment of Transport Service senior executives\n\n> The following matters are prescribed for the purposes of section 39 (4) (i) of the Act in relation to Transport Service senior executives—\n> \n> > (a) matters relating to confidentiality and intellectual property,\n> \n> > (b) capability-based assessments,\n> \n> > (c) matters of an administrative or ancillary nature that, in the opinion of the Transport Secretary, are necessary or convenient to be dealt with in the contract of employment.\n> \n> **pt 6 (cll 43, 44):** Ins 2017 (274), Sch 1 \\[6\\].","sortOrder":61},{"sectionNumber":"44","sectionType":"section","heading":"Calculation of proportionate amount of compensation to be refunded on re-employment in public sector","content":"#### 44 Calculation of proportionate amount of compensation to be refunded on re-employment in public sector\n\n44 Calculation of proportionate amount of compensation to be refunded on re-employment in public sector\n\n> The proportionate amount of compensation to be refunded under section 68N (3) of the [Transport Administration Act 1988](/view/html/inforce/current/act-1988-109) is to be calculated on the basis of the number of weeks (if any) that remain as part of the period to which the compensation relates.\n> \n> **pt 6 (cll 43, 44):** Ins 2017 (274), Sch 1 \\[6\\].","sortOrder":62},{"sectionNumber":"Part 7","sectionType":"part","heading":"Additional provisions relating to NSW Police Force senior executives","content":"# Part 7 Additional provisions relating to NSW Police Force senior executives\n\nPart 7 Additional provisions relating to NSW Police Force senior executives\n\n**pt 7(cll 45, 46):** Ins 2017 (579), Sch 1 \\[5\\].","sortOrder":63},{"sectionNumber":"45","sectionType":"section","heading":"Contract of employment—additional matters to be dealt with in contract","content":"#### 45 Contract of employment—additional matters to be dealt with in contract\n\n45 Contract of employment—additional matters to be dealt with in contract\n\n> The following matters are, for the purposes of section 38 (3) (h) of the [Police Act 1990](/view/html/inforce/current/act-1990-047), prescribed under section 39 (4) (i) of the Act in relation to NSW Police Force senior executives—\n> \n> > (a) matters relating to confidentiality and intellectual property,\n> \n> > (b) capability-based assessments,\n> \n> > (c) matters of an administrative or ancillary nature that, in the opinion of the Commissioner of Police, are necessary or convenient to be dealt with in the contract of employment.\n> \n> **pt 7(cll 45, 46):** Ins 2017 (579), Sch 1 \\[5\\].","sortOrder":64},{"sectionNumber":"46","sectionType":"section","heading":"Compensation for termination of employment and calculation of proportionate amount to be refunded on re-employment in public sector","content":"#### 46 Compensation for termination of employment and calculation of proportionate amount to be refunded on re-employment in public sector\n\n46 Compensation for termination of employment and calculation of proportionate amount to be refunded on re-employment in public sector\n\n> > (1) The contract of employment of a NSW Police Force senior executive is to provide for the payment of the following compensation to the executive on the termination of the executive’s employment—\n> > \n> > > (a) if the employment is terminated under section 40 of the [Police Act 1990](/view/html/inforce/current/act-1990-047) during or at the end of any period of probation imposed as a condition of the executive’s engagement—an amount equal to the executive’s remuneration package for a period of 4 weeks,\n> > \n> > > (b) if the employment is otherwise terminated under section 40 of the [Police Act 1990](/view/html/inforce/current/act-1990-047)—an amount equal to the executive’s remuneration package for a period of 38 weeks or for the period remaining on the term of the contract (whichever is the lesser),\n> > \n> > > (c) if the employment is terminated under section 68 of the Act for unsatisfactory performance—an amount equal to the executive’s remuneration package for a period of 13 weeks.\n> > > \n> > > Note.\n> > > \n> > > Section 68 of the Act does not apply to police officers.\n> \n> > (2) No compensation is payable if the NSW Police Force senior executive’s employment is terminated for misconduct.\n> \n> > (3) The proportionate amount of a payment to be refunded under section 41 (2) of the [Police Act 1990](/view/html/inforce/current/act-1990-047) is to be calculated on the basis of the number of weeks (if any) that remain as part of the period to which the payment relates.\n> \n> > (4) The amount of compensation payable in accordance with this clause to a NSW Police Force senior executive on the termination of the executive’s employment is, in the case of an executive who is employed part-time, to be calculated on a pro-rata basis.\n> \n> **pt 7(cll 45, 46):** Ins 2017 (579), Sch 1 \\[5\\].","sortOrder":65},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Public Service extended leave entitlements","content":"# Schedule 1 Public Service extended leave entitlements\n\nSchedule 1 Public Service extended leave entitlements\n\n(Clause 16)\n\nNote.\n\nSee clause 16 of the Regulation for provisions relating to the application of this Schedule.","sortOrder":66},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Government sector employees extended leave entitlements—recognition of prior government service","content":"# Schedule 2 Government sector employees extended leave entitlements—recognition of prior government service\n\nSchedule 2 Government sector employees extended leave entitlements—recognition of prior government service\n\n(Clause 28)\n\n**sch 2:** Am 2014 No 33, Sch 2.17; 2016 (404), Sch 1 \\[4\\].","sortOrder":76},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":null,"content":"# Schedule 3\n\nSchedule 3 (Repealed)\n\n**sch 3:** Rep 2015 No 15, Sch 6.","sortOrder":91},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Additional savings, transitional and other provisions","content":"# Schedule 4 Additional savings, transitional and other provisions\n\nSchedule 4 Additional savings, transitional and other provisions\n\n**sch 4:** Am 2017 (580), Sch 1.","sortOrder":92}],"analysis":{"issue_detection":{"absurdities":[{"type":"other","section":"Status Information / Currency of version","severity":"low","reasoning":"This is a metadata/publication inconsistency rather than a substantive legislative flaw. The file modification date of 15 August 2025 should logically have triggered a new point-in-time version entry in the timeline, yet none appears after 05/03/2025. It is possible this reflects a non-substantive editorial update, but the timeline representation is internally inconsistent.","confidence":0.55,"description":"The document states it is the 'current version for 5 March 2025 to date (accessed 5 April 2026 at 14:09)' while also stating the file was 'last modified 15 August 2025'. A version described as current 'to date' at an access date of 5 April 2026 cannot logically have been last modified on 15 August 2025 unless the modification is being reported retroactively from a future vantage point, and the 'current from 05/03/2025' version in the timeline has no end date — yet the modification date post-dates its commencement by over five months with no new version recorded."},{"type":"other","section":"Staged repeal status / Notes","severity":"low","reasoning":"Not a logical contradiction per se, but the combination of a near-term automatic repeal date with no visible legislative content (the body of the regulation is entirely absent from the provided text) raises a question about whether any obligations or entitlements created by the regulation can be practically exercised before repeal. This is a structural observation rather than a firm flaw given the incomplete text supplied.","confidence":0.4,"description":"The regulation is described as 'currently due to be automatically repealed under the Subordinate Legislation Act 1989 on 1 September 2026', yet the access timestamp shown is '5 April 2026' — meaning the instrument is being accessed and certified as in force less than five months before its automatic death. No substantive legislative content is present in the provided text to confirm whether the regulation's operative provisions can be meaningfully administered, reviewed, or relied upon within that compressed window, creating a structural futility concern."}],"contradictions":[{"severity":"low","section_a":"Status Information — 'Current version for 5 March 2025 to date (accessed 5 April 2026 at 14:09)'","section_b":"Status Information — 'File last modified 15 August 2025'","confidence":0.5,"description":"The point-in-time timeline shows only one entry after 05/03/2025, labelled 'In force version — Current from 05/03/2025' with no end date and no subsequent version. However, the file modification date of 15 August 2025 indicates the document was altered after the sole listed commencement date without a corresponding new timeline entry. This is internally contradictory: either the modification on 15 August 2025 was substantive (requiring a new timeline entry) or it was not (in which case the modification date is misleading as to the currency of legislative content)."}]},"kimi_summary":{"_metrics":{"completionTokens":886},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"Originally a straightforward regulation supporting the GSE Act 2013, this instrument has expanded significantly through amendments. It now separately regulates senior executives across four distinct services (Public Service, Health, Transport, Police) with near-identical but separately drafted provisions. Added special regimes for overseas trade employees (2015), privatisation transfer protections (2016), and private-to-public transfers (2024). The workforce diversity provisions now capture universities. The cumulative effect is a regulation that governs far more than 'Public Service employment' – it has become the central employment framework for much of the broader NSW government sector."},"complexity_factors":["Multiple overlapping employee categories with different rules (Public Service, Health Service, Transport Service, NSW Police Force, each with senior executives treated separately)","Extensive cross-referencing to other Acts (Health Services Act 1997, Transport Administration Act 1988, Police Act 1990, Industrial Relations Act 1996, Superannuation legislation)","Nested conditional logic for leave entitlements (e.g., Schedule 1 clauses 2-3 with multiple service thresholds and calculation methods)","Transitional provisions preserving old law (Schedule 4) with multiple cut-off dates and election mechanisms","Defined terms scattered across clause 3, individual clauses, and Schedules (e.g., 'notional salary' defined differently in clauses 21 and 29)","Exceptions to exceptions (e.g., clause 25A on privatisation transfers with its own carve-out in subclause 4A)","Multiple amendment notes showing evolutionary complexity (clauses amended in 2014, 2015, 2016, 2017, 2023, 2024, 2025)"],"plain_english_summary":"**What this Regulation does:**\n\nThis is the main operating rulebook for how NSW public sector employees are hired, managed, paid, and let go. It sits underneath the *Government Sector Employment Act 2013* and fills in the practical details.\n\n**Who it covers:**\n- **Public Service employees** – people working in NSW Government departments\n- **Senior executives** – the bosses (Secretaries, senior managers in Health, Transport, Police)\n- **Other government sector agencies** – including universities, State owned corporations, and certain health and transport services\n\n**Key things it sets up:**\n\n| Area | What the rules say |\n|------|-------------------|\n| **Side jobs** | Public servants need permission to do other paid work (casuals and part-timers have more flexibility) |\n| **Serious crimes** | Employees must immediately report if they're charged with or convicted of a serious offence |\n| **Bankruptcy** | Must tell your boss straight away; some financial roles require declaring past bankruptcies before starting |\n| **Pay rises (increments)** | Need your boss's approval and must meet performance standards; can be deferred but not more than 12 months at a time |\n| **Fitness for duty** | Bosses can send you for a medical check if they think you're unfit to work |\n| **Leave** | Detailed rules for extended leave (long service leave), annual leave, and sick leave – including carrying leave between government jobs |\n| **Temporary higher duties** | Extra pay if you're temporarily filling a more senior role |\n| **Severance pay** | Rules for paying out executives when their contracts end, and clawing back redundancy payments if they get rehired quickly |\n| **Secondments** | Can be loaned to politicians' offices, with guaranteed return to your old job |\n\n**Special deals:**\n- **Overseas trade employees** – people working overseas promoting NSW trade get flexible contracts and don't have to go through normal merit-based hiring\n- **Transferred workers** – people moving from private contractors to the public service can skip some normal recruitment steps\n\n**The Schedules** contain the fine print on long service leave calculations and how to count previous government work (including military service) toward your leave entitlements."},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The regulation has been amended more than 20 times since its original 2014 version, strongly indicating that its scope and detailed requirements have evolved substantially from the original instrument. The frequency of amendments — including several within single calendar years — suggests ongoing policy adjustments rather than minor technical corrections."},"complexity_factors":["Extensive amendment history — over 20 versions since 2014, meaning rules have changed repeatedly and tracking current obligations requires care","Operates as subordinate legislation (regulation) under a parent Act, so full understanding requires reading both documents together","Covers multiple distinct subject areas (recruitment, pay, conduct, performance, discipline) within a single instrument","Applies across a large and varied workforce spanning many different NSW government agencies and roles","Scheduled automatic repeal creates uncertainty about future applicability for long-term planning","Limited substantive content visible in the provided text — the actual operative provisions are not displayed, adding analytical difficulty","Interaction with other instruments (awards, enterprise agreements, Public Service Commission directions) adds interpretive layers"],"plain_english_summary":"## Government Sector Employment Regulation 2014 (NSW)\n\n**What is this?**\nThis is a NSW regulation (a set of detailed rules made under a broader law) that sits underneath the *Government Sector Employment Act 2013*. It sets out the practical rules for how NSW public servants (government employees) are hired, managed, and dealt with in their jobs.\n\n**Who does it affect?**\nAnyone who works for — or wants to work for — the NSW Government (public servants, departmental staff, and the agencies that manage them). This includes both existing employees and job applicants.\n\n**Why does it matter?**\nIt governs things like:\n- How government jobs are advertised and filled\n- Pay and employment conditions for public sector workers\n- How performance and conduct are managed\n- Protections and processes for workers facing disciplinary action\n\n**Important note:**\nThis regulation has been amended **many times** since it was first made in 2014 (over 20 versions), meaning the rules have changed significantly over the years. It is also scheduled to be **automatically repealed (cancelled) on 1 September 2026** under NSW's system of automatically reviewing and sunsetting older regulations.\n\n**Bottom line:** If you work for or are applying to work for the NSW Government, this regulation shapes your rights and the processes your employer must follow."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Regulation both preserves and adjusts scope compared with prior arrangements. It carries forward many former Act provisions via transitional clauses (Schedule 4) while also prescribing new or narrowed applications: it expressly prescribes certain State owned corporations and universities as government sector agencies for specified purposes (cl 5, cl 34), applies parts of the Act to administrative NSW Police employees (cl 6), excludes certain transport agencies from the Act’s unsatisfactory performance provision (cl 6A), creates specialised employment categories and exemptions (overseas trade employees at cl 10A; exemption for transfers from private operators at cl 10B), and sets bespoke contract and compensation rules for different classes of senior executives (Parts 4–7). These provisions change the practical coverage and procedures that apply to particular groups of employees in the government sector as set out in the Regulation."},"complexity_factors":["Multiple cross‑references to the Government Sector Employment Act 2013 and several other Acts (Health Services Act 1997, Police Act 1990, Transport Administration Act 1988, Industrial Relations Act 1996, Superannuation legislation).","Numerous schedules and transitional provisions preserving or converting former Act arrangements (Schedule 1–4), increasing interpretive complexity.","Frequent delegation of discretionary powers to agency heads, the Public Service Commissioner, Industrial Relations Secretary and Secretaries—requires supervised administrative decision‑making (cls 4, 8, 10A, 14, 15, 20–21, Schedule 2 cl 2).","Multiple overlapping instruments and caveats: many clauses are explicitly subject to State industrial instruments or agency performance systems (cls 11, 17, 19, 27, 25A(4)).","Detailed numeric formulas and timing rules for extended leave, accruals, payouts and proportionate refunds (Schedule 1; cls 24, 39, 41, 44, 46).","Special exemptions and narrow classes (overseas trade employees, transfers from private operators, prescribed SOCs and universities) that alter standard recruitment and employment rules (cls 5, 10A, 10B, cl 34).","Multiple employment categories (Public Service non‑executive, senior executives, Health, Transport, Police, NSW Health Service senior executives) each with bespoke contract and compensation rules.","Notification, reporting and fitness‑for‑duty procedures that impose compliance steps across employers, managers and employees (cls 9, 10, 13, 15)."],"plain_english_summary":"This Regulation sets out detailed workplace rules for people employed across New South Wales government agencies under the Government Sector Employment Act 2013. It describes who counts as an \"agency head\" or a particular class of executive, prescribes which bodies are treated as government sector agencies for specific reporting or appointment rules, and specifies employment conditions, leave entitlements, allowances, secondments, and termination/repayment arrangements.\n\nKey mechanical changes and rules (what the Regulation does):\n\n- Defines terms and who the rules apply to, including agency heads, different classes of senior executives and non-executive employees, and certain State bodies and universities for specific purposes (cl 3; cl 5; cl 34).  \n\n- Requires relevant decision‑makers (Public Service Commissioner, Industrial Relations Secretary, agency heads) to publish or notify decisions under the Regulation so affected employees are informed (cl 4).  \n\n- Prescribes that administrative employees of the NSW Police Force are subject to misconduct and suspension provisions of the Act (cl 6), and explicitly excludes some transport agencies from the Act’s unsatisfactory performance provision (cl 6A).  \n\n- Limits outside paid work by Public Service employees: employees must get the agency head’s permission before taking other paid work, with limited exceptions for casuals and part‑time workers if there is no conflict or impact on duties (cl 7). This creates an approval step and a compliance obligation on employees.  \n\n- Allows the Industrial Relations Secretary to direct rent deductions from a Public Service employee’s salary where government accommodation is used, with the Secretary fixing or appointing who fixes the amount (cl 8). That is an administrative decision that directly affects employee take‑home pay.  \n\n- Requires immediate written reporting by Public Service employees of charges or convictions for serious offences, and requires managers who suspect this to notify the agency head (cl 9). This imposes a notification and managerial reporting duty.  \n\n- Requires staff to notify bankruptcy or insolvency events to their agency head and (for certain finance roles) pre‑employment bankruptcy declarations may be required (cl 10). This gives agency heads discretion to require further information and place conditions on engagement in financial roles.  \n\n- Creates a special category of \"overseas trade employees\" with bespoke employment arrangements determined by the relevant Secretary, which may override parts of the Regulation and employment rules (cl 10A). Those arrangements can be included in contracts and can bypass merit‑based rules for appointment, subject to specified suitability checks (cl 10A(2)–(5)). This grants significant delegation and contract override powers for that narrow class.  \n\n- Provides an exemption allowing agency heads to re‑employ staff transferred from a private operator without applying certain merit‑based recruitment rules, subject to suitability checks and assessments (cl 10B). That creates a recruitment pathway with fewer procedural requirements but requires agency head satisfaction on suitability.  \n\n- Makes leave and allowance rules (public holidays, absence notifications, increments, fitness for duty, extended leave schedules), often subject to State industrial instruments or the agency’s performance management system (cls 11–16, 29–33; Schedule 1). For example, increment payments generally require agency head approval and are tied to performance and conduct criteria set by the agency (cl 14). Many leave entitlements are technical (Schedules 1–2), including formulas for extended leave accrual and payment on termination.  \n\n- Sets rules for temporary assignments, secondments and secondments to political office holders (cls 20–22, 35). Agency heads determine allowances for acting in higher roles (cls 20–21). Secondments to political offices must be by agreement with specified matters recorded and the political office holder is responsible for assignment while seconded (cl 35).  \n\n- Requires repayment or proportionate refund rules where someone who received severance/redundancy payments is re‑employed in the public sector within the relevant period, including specific calculation methods and wide definitions of what counts as re‑employment (cl 24). Parallel compensation and refund rules are prescribed for senior executives across Public Service, Health, Transport and Police (cls 39, 41, 44, 46). Those clauses allocate the cost of termination compensation to the employer and require refunds where re‑employment occurs within the paid period.  \n\n- Includes transitional provisions carrying over many existing arrangements from the repealed Act so processes already underway could continue under old rules in some cases, and allows the Commissioner and agency heads to make declarations about recognition of prior Commonwealth or interstate service for leave purposes (Schedule 4 and Schedule 2).  \n\nWho pays and who decides (selected mechanics and discretion):\n\n- Agency heads decide on permission for outside work, increment approvals, temporary assignment allowances and many day‑to‑day employment decisions (cls 7, 14, 20–21).  \n- The Industrial Relations Secretary may direct rent deductions (cl 8) and determine increments under the Act where applicable (cl 14).  \n- Employers (agency heads or specified employer officers) pay termination compensation to senior executives per fixed multipliers (cls 39, 41, 46) and may require refunds on re‑employment (cl 24).  \n- The Public Service Commissioner can make orders about recognising Commonwealth/interstate agencies and publish lists (Schedule 2 cl 2) and may nominate medical assessors for fitness for duty (cl 15).  \n- Treasury may direct transfers of funds between government employers to adjust for liabilities created by cross‑agency recognition of leave (cl 33).  \n\nCompliance burdens, incentives and trade‑offs visible in the text:\n\n- Employees face reporting obligations (serious offences, bankruptcy) and restrictions on outside work (cls 7, 9, 10), creating compliance costs for staff and monitoring tasks for managers.  \n- Agency heads have broad discretionary powers to set allowances, approve increments, require medical examinations and determine suitability for special appointments (cls 8, 14, 15, 20–21, 10A, 10B). That concentrates decision authority within agencies and creates administrative workloads.  \n- The Regulation concentrates specified financial benefits (termination compensation and extended leave payouts) on executives and prescribes precise calculation and refund mechanics; the employer (a government agency) funds those amounts but may recover part on re‑employment (cls 39, 41, 46, cl 24).  \n- Several provisions are expressly subject to State industrial instruments or other awards (cls 11, 17, 19, 27, 25A(4)), producing overlap with industrial law and potential complexity in determining applicable rules.  \n\nImplementation risks and operational notes (from the text):\n\n- The Regulation relies on agency head and Commissioner decisions and on cross‑referenced instruments; inconsistent drafting or differing award terms could create disputes about entitlements (see various references to State industrial instruments and the need for agency performance management systems, cls 11, 14, 17).  \n- Transitional provisions preserve many prior arrangements, so agencies must track whether a matter falls under old or new procedures (Schedule 4).  \n\nIn short: the Regulation provides granular administrative rules on employment, leave, allowances, secondments, and termination/repayment mechanics across the NSW government sector. It assigns significant decision‑making discretion to agency heads, specifies employee reporting and conduct obligations, prescribes formulas for leave and termination payments, and creates narrow exceptions and special categories (overseas trade employees, transfers from private operators, prescribed State bodies) that alter how some recruitment and employment rules apply (see cl 10A, cl 10B, cl 5)."}},"importantCases":[],"_links":{"self":"/api/acts/government-sector-employment-regulation-2014","history":"/api/acts/government-sector-employment-regulation-2014/history","analysis":"/api/acts/government-sector-employment-regulation-2014/analysis","conflicts":"/api/acts/government-sector-employment-regulation-2014/conflicts","importantCases":"/api/acts/government-sector-employment-regulation-2014/important-cases","documents":"/api/acts/government-sector-employment-regulation-2014/documents"}}