{"id":"public-sector-act-2009","name":"Public Sector Act 2009","slug":"public-sector-act-2009","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106452,"registerId":"sa-public-sector-act-2009-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 3A","sectionType":"part","heading":"Reporting on certain official travel","content":"Part 3A—Reporting on certain official travel\n12A—Application of Part\n\t(1)\tThis Part applies to travel undertaken by a prescribed person in their official capacity after the commencement of this section that consists of, or includes, travel outside of South Australia.\n\t(2)\tHowever, this Part does not apply in relation to travel funded by the prescribed person personally (including where the travel costs fall within the common allowance paid to the prescribed person under the Parliamentary Remuneration Act 1990 or where the prescribed person's costs are reimbursed by the Parliament).\n\t(3)\tThis Part is in addition to, and does not derogate from, any other reporting requirements a prescribed person or any other person has under this or any other Act or law.\n\t(4)\tIn this section—\nprescribed person means—\n\t(a)\teach Minister of the Crown; and\n\t(b)\tthe Leader of the Opposition in the House of Assembly; and\n\t(c)\tthe Leader of the Opposition in the Legislative Council; and\n\t(d)\tthe Deputy Leader of the Opposition in the House of Assembly; and\n\t(e)\tthe Deputy Leader of the Opposition in the Legislative Council.\n12B—Prescribed persons to report on certain official travel\n\t(1)\tSubject to this section, each prescribed person who undertakes travel to which this Part applies must prepare a report setting out—\n\t(a)\tthe following information in relation to the travel:\n\t(i)\tthe name and portfolio of the prescribed person;\n\t(ii)\tthe period during which the travel was undertaken;\n\t(iii)\tthe reason for the travel;\n\t(iv)\tthe total cost of the travel funded, or to be funded, by money provided by the State, broken down into—\n\t(v)\ta summary of the activities undertaken in the course of the travel; and\n\t(b)\tin the case where a public sector employee travels with a prescribed person who is a Minister as part of the Minister's official travelling party—the following information in relation to each such public sector employee's travel:\n\t(i)\tthe public sector agency in which the public sector employee is employed;\n\t(ii)\tthe name and official capacity of the public sector employee;\n\t(iii)\tthe period during which the public sector employee accompanied the Minister in an official capacity (if different to the information required under paragraph (a));\n\t(iv)\tthe total cost of the public sector employee's travel funded, or to be funded, by money provided by the State, broken down into—\n\t(v)\ta summary of the activities of the public sector employee in their official capacity undertaken in the course of the travel; and\n\t(c)\tin the case where a prescribed staff member travels with a prescribed person who is a Minister as part of the Minister's official travelling party—\n\t(i)\tthe name and official capacity of the prescribed staff member;\n\t(ii)\tthe period during which the prescribed staff member accompanied the Minister in an official capacity (if different to the information required under paragraph (a));\n\t(iii)\tthe total cost of the travel of the prescribed staff member funded, or to be funded, by money provided by the State, broken down into—\n\t(iv)\ta summary of the activities of the prescribed staff member in their official capacity undertaken in the course of the travel; and\n\t(d)\tany other information required by the regulations.\n\t(2)\tSubject to subsection (3), a report must be prepared under this section within 45 days after the conclusion of the relevant travel.\n\t(3)\tIf, in relation to a report of particular travel, a prescribed person does not have the information or documents necessary to provide all of the information required under subsection (1)(a)(iv), (1)(b)(iv) or (1)(c)(iii), the prescribed person must—\n\t(a)\tnevertheless prepare a report under this section setting out such of the information required under subsection (1) as may be known to the prescribed person; and\n\t(b)\tset out in the report an explanation of why the report is incomplete and a description of the outstanding information; and\n\t(c)\tas soon as is reasonably practicable after the prescribed person receives the outstanding information or documents, prepare a supplementary report containing that information.\n\t(4)\tIf, in relation to a report of particular travel, it is not reasonably practicable for a prescribed person to provide a breakdown of the costs in accordance with subsection (1)(a)(iv), (1)(b)(iv) or (1)(c)(iii), the prescribed person will be taken to have complied with those requirements if the prescribed person sets out in the report—\n\t(a)\tthe total cost of the travel; and\n\t(b)\ta description of the costs incurred in the travel; and\n\t(c)\tan explanation of why the costs could not reasonably be broken down in accordance with those requirements.\n\t(5)\tA prescribed person preparing a report under this section must cause copies of receipts or invoices for all costs relating to travel to which this Part applies to accompany the report.\n\t(6)\tHowever, a prescribed person need not comply with subsection (5) in relation to a particular receipt or invoice, or particular class of receipts or invoices—\n\t(a)\tif the receipt or invoice relates to a matter to be addressed in a supplementary report prepared under subsection (3), in which case the prescribed person must instead cause a copy of the receipt or invoice to accompany the supplementary report; or\n\t(b)\tif a receipt or invoice in respect of a particular cost is not able to be obtained by the prescribed person, or has been lost or destroyed, in which case the prescribed person must instead complete a declaration containing any information required by the regulations in relation to the cost and cause a copy of the declaration to accompany the report or supplementary report under this section (as the case requires).\n\t(7)\tIf a prescribed person is of the opinion that to comply with subsection (5) or (6) in relation to a particular receipt or invoice would create a risk to the health or safety of the prescribed person or any other person, or would amount to a security risk to the interests of the State (however described), the prescribed person may cause a redacted copy of the receipt or invoice to accompany the report or supplementary report (and in such a case the prescribed person will, to avoid doubt, be taken to have complied with the relevant subsection in respect of the receipt or invoice). \n\t(8)\tA report prepared under this section must be in the prescribed manner and form.\n\t(9)\tIn the case where a public sector employee travels with a prescribed person who is a Minister undertaking travel to which this Part applies as part of the Minister's official travelling party—\n\t(a)\tthe Minister must provide a copy of the report and accompanying documents to the Chief Executive of the relevant public sector agency; and\n\t(b)\tthe Chief Executive of the public sector agency must ensure that the report is accurate and comprehensive to the extent that it relates to the public sector agency.\n\t(10)\tA prescribed person must, within 6 sitting days after preparing a report under this section, cause copies of the report or supplementary report and accompanying documents to be laid before each House of Parliament.\n\t(11)\tIn this section—\nprescribed staff member, in relation to a prescribed person who is a Minister, means—\n\t(a)\ta person engaged by the Premier as a member of the Minister's personal staff under section 71; or\n\t(b)\ta person engaged by the Minister under section 72.\nPart 4—Commissioner for Public Sector Employment\n13—Office of Commissioner\n\t(1)\tThere is to be a Commissioner for Public Sector Employment.\n\t(2)\tThe Commissioner is to be appointed by the Governor for a term not exceeding 5 years and on conditions determined by the Governor.\n\t(3)\tThe Commissioner is, at the end of a term of appointment, eligible for reappointment.\n\t(4)\tThe Commissioner's appointment may be terminated by the Governor on the ground that the Commissioner—\n\t(a)\thas been guilty of misconduct; or\n\t(b)\thas been convicted of an offence punishable by imprisonment; or\n\t(c)\thas engaged in any remunerative employment, occupation or business outside the duties of the Commissioner without the consent of the Minister; or\n\t(d)\thas become bankrupt or has applied to take the benefit of a law for the relief of insolvent debtors; or\n\t(e)\thas, because of mental or physical incapacity, failed to carry out duties of the Commissioner satisfactorily; or\n\t(f)\tis incompetent or has neglected the duties of the position.\n\t(5)\tThe Commissioner's appointment is terminated if the Commissioner—\n\t(a)\tbecomes a member, or a candidate for election as a member, of the Parliament of the State or the Commonwealth; or\n\t(b)\tis sentenced to imprisonment for an offence.\n\t(6)\tThe Commissioner may resign as Commissioner by not less than 3 months notice in writing to the Minister (unless notice of a shorter period is accepted by the Minister).\n\t(7)\tThe Minister may assign a public sector employee to act as the Commissioner during any period for which—\n\t(a)\tno person is for the time being appointed as the Commissioner; or\n\t(b)\tthe Commissioner is absent from, or unable to discharge, official duties.\n14—Functions of Commissioner\n\t(1)\tThe Commissioner has the function of advancing the objects of this Act, and promoting observance of the public sector principles, in so far as they relate to public sector employment and for that purpose is to—\n\t(a)\tissue the public sector code of conduct (see section 15); and\n\t(b)\tissue public sector employment determinations (see section 16); and\n\t(c)\tmonitor and report to the Minister on observance of the public sector principles, code of conduct and employment determinations; and\n\t(d)\tissue guidelines relating to public sector employment matters; and\n\t(e)\tprovide advice on public sector employment matters at the request of public sector agencies or on the Commissioner's own initiative; and\n\t(f)\tprovide advice on and conduct reviews of public sector employment or industrial relations matters as required by the Premier or the Minister or on the Commissioner's own initiative; and\n\t(g)\tinvestigate or assist in the investigation of matters in connection with public sector employee conduct or discipline as required by the Premier or at the request of a public sector agency and investigate such matters on the Commissioner's own initiative (including on receipt of public interest information under the Public Interest Disclosure Act 2018).\n\t(2)\tThe Commissioner has any other functions assigned to the Commissioner under this Act.\n15—Public sector code of conduct\n\t(1)\tThe public sector code of conduct may contain—\n\t(a)\tprovisions directed towards advancement of the objects of this Act and observance of the public sector principles; and\n\t(b)\tprovisions governing the conduct of public sector employees (within and outside their employment) that are expressed to be disciplinary provisions.\n\t(2)\tThe code will be taken to allow a public sector employee to engage in a private capacity in conduct intended to influence public opinion on an issue, or promote an outcome in relation to an issue of public interest, except if—\n\t(a)\tit is reasonably foreseeable that the conduct may seriously prejudice the Government or a public sector agency in the conduct of its policies given the relative seniority of the employee, the extent to which the issue is relevant to the role or a previous role of the employee and the nature and circumstances of the conduct; or\n\t(b)\tthe conduct involves—\n\t(i)\tdisclosure of information in breach of intellectual property rights; or\n\t(ii)\tdisclosure of information contrary to any law or to any lawful instruction or direction relating to a specific matter; or\n\t(iii)\tdisclosure of information with a view to securing a pecuniary or other advantage for the employee or any other person; or\n\t(iv)\tdisclosure of information of commercial value the disclosure of which would diminish its value or unfairly advantage a person in commercial dealings with the Government or a public sector agency; or\n\t(c)\tthe conduct is disgraceful or improper conduct that reflects seriously and adversely on the public sector.\n\t(3)\tSubsection (2)(a) does not apply in respect of conduct engaged in by an employee in the employee's capacity as a member of the governing body of a public sector representative organisation.\n\t(4)\tThe Commissioner must keep the code under review and may vary the code, or revoke and substitute the code.\n\t(5)\tThe code, and any variation of the code, must be published in accordance with the regulations.\n\t(6)\tThe code, or a variation of the code, has effect from a date fixed by the Commissioner.\n\t(7)\tSections 10 and 10A of the Subordinate Legislation Act 1978 apply to the code, or a variation of the code, as if it were a regulation within the meaning of that Act.\n16—Public sector employment determinations\n\t(1)\tThe Commissioner may issue determinations relating to—\n\t(a)\temployment in the Public Service; and\n\t(b)\tpublic sector employment outside the Public Service that is declared by another Act or the regulations under this Act to be employment to which this section applies.\n\t(2)\tA determination by the Commissioner may determine—\n\t(a)\tclassification structures in accordance with which remuneration levels must be fixed for employees; and\n\t(b)\tconditions of employment other than remuneration; and\n\t(c)\tprocesses that must be followed in fixing remuneration levels and other employment conditions; and\n\t(d)\tallowances payable to employees and the circumstances in which they are payable; and\n\t(e)\tcharges payable by employees in respect of accommodation, services, goods or other benefits provided to them in connection with their employment; and\n\t(f)\tany other matter of a class prescribed by the regulations.\n\t(3)\tA determination by the Commissioner—\n\t(a)\tmay be expressed to apply to all employees or particular employees or classes of employees; and\n\t(b)\tmay leave a matter or thing to be determined or dispensed with according to the discretion of a public sector agency or the Commissioner, either generally or in a particular case or class of cases; and\n\t(c)\tmay be varied or revoked by subsequent determination; and\n\t(d)\tmust be published in accordance with the regulations; and\n\t(e)\thas effect from a date fixed by the Commissioner which may be a date earlier than the date of the determination; and\n\t(f)\tis binding on public sector agencies in relation to public sector employment to which the determination applies.\n17—Extent to which Commissioner is subject to Ministerial direction\n\t(1)\tSubject to this section, the Commissioner is subject to direction by the Minister.\n\t(2)\tNo Ministerial direction may be given to the Commissioner requiring that material be included in, or excluded from, a report that is to be laid before Parliament.\n\t(3)\tA Ministerial direction to the Commissioner—\n\t(a)\tmust be communicated to the Commissioner in writing; and\n\t(b)\tmust be included in the annual report of the Commissioner.\n18—Investigative powers\n\t(1)\tThe powers conferred by this section may be exercised as reasonably required for a review or investigation referred to in section 14.\n\t(2)\tThe Commissioner may—\n\t(a)\tby notice in writing—\n\t(i)\trequire a public sector employee or former public sector employee to appear at a specified time and place for examination; or\n\t(ii)\trequire a public sector employee or former public sector employee to produce a specified record or object that is relevant to the subject matter of the review or investigation; and\n\t(b)\trequire a public sector employee or former public sector employee to answer truthfully questions that are relevant to the subject matter of the review or investigation; and\n\t(c)\tenter and inspect premises occupied by the Crown or a public sector agency.\n\t(3)\tA public sector employee who fails to comply with a requirement under this section or hinders the exercise of powers under this section is guilty of misconduct (for the purposes of this and any other Act).\n\t(4)\tA former public sector employee who fails to comply with a requirement under this section or hinders the exercise of powers under this section is guilty of an offence.\nMaximum penalty: $5 000.\n\t(5)\tA person is not obliged to answer a question or to produce a record or object (other than a record or object of the Government) under this section if to do so would tend to incriminate the person of an offence.\n19—Power to require statistical information\nThe Commissioner may, by notice in writing, require public sector agencies to provide statistical reports to the Commissioner relating to public sector employment matters at intervals specified by the Commissioner.\n20—Delegation by Commissioner\n\t(1)\tThe Commissioner may, by instrument in writing, delegate a power or function under this or any other Act—\n\t(a)\tto a particular person or committee; or\n\t(2)\tA power or function delegated under this section may, if the instrument of delegation so provides, be further delegated.\n21—Annual report of Commissioner\n\t(1)\tThe Commissioner must, before 30 September in each year, present a report to the Minister on matters relating to the Commissioner's functions under this Part.\n\t(2)\tThe report must—\n\t(a)\trelate to the financial year preceding the making of the report; and\n\t(b)\tdescribe the extent of observance of the public sector principles in so far as they relate to public sector employment and measures taken by the Commissioner to promote observance of those principles; and\n\t(c)\tdeal with any other matters stipulated by the regulations.\n\t(3)\tThe Minister must, within 12 sitting days after receipt of a report under this section, cause copies of the report to be laid before each House of Parliament.\nPart 5—South Australian Executive Service\n22—Purpose of SAES\nSAES is established to provide the public sector with high performing leaders who have a shared sense of purpose and direction and who together will actively engage the public sector in the pursuit of the objects of this Act and the public sector principles.\n23—SAES charter\n\t(1)\tThe Minister must approve a charter for SAES (the SAES charter).\n\t(2)\tThe charter may specify or elaborate on the following:\n\t(a)\trules governing membership of SAES;\n\t(b)\tfunctions of SAES;\n\t(c)\trules and arrangements to facilitate mobility within the public sector of SAES members;\n\t(d)\temployment contracts and performance management and development systems for SAES members;\n\t(e)\tcompetencies expected of SAES members;\n\t(f)\tany other matter affecting SAES.\n\t(3)\tThe Minister must ensure that the charter is kept under review and may vary the charter, or revoke and substitute the charter.\n\t(4)\tThe Minister must cause the charter, or a variation of the charter, to be published within the public sector.\nPart 6—Public Service\nDivision 1—Composition of Public Service\n24—Public Service administrative units\nThe Public Service consists of administrative units which may take the form of—\n\t(a)\ta department; or\n\t(b)\tan attached office.\n25—Public Service employees\n\t(1)\tSubject to subsection (2), all persons employed by or on behalf of the Crown must be employed in the Public Service under this Act.\n\t(2)\tThe following persons are excluded from the Public Service:\n\t(a)\tmembers of the judiciary;\n\t(b)\tpolice officers;\n\t(c)\tpolice security officers appointed under the Police Act 1998;\n\t(d)\tthe Auditor‑General;\n\t(e)\tthe Ombudsman;\n\t(f)\tthe Police Ombudsman;\n\t(g)\tthe Electoral Commissioner and the Deputy Electoral Commissioner;\n\t(h)\tan officer of either House of Parliament or a person under the separate control of the President of the Legislative Council or the Speaker of the House of Assembly or a member of the joint parliamentary service;\n\t(i)\tthe Commissioner;\n\t(k)\tan employee employed under the Education and Children's Services Act 2019;\n\t(l)\tan officer or employee appointed by the employing authority under the Technical and Further Education Act 1975;\n\t(m)\ta person appointed by the Premier or the Minister under Part 8;\n\t(n)\ta person who is remunerated solely by fees, allowances or commission;\n\t(o)\tan employee who is remunerated at hourly, daily, weekly or piece‑work rates of payment (other than a person expressly engaged by writing as a casual employee in the Public Service);\n\t(p)\ta person who is excluded under any other Act from the Public Service;\n\t(q)\ta person whose terms and conditions of appointment or employment are under another Act to be determined by the Governor, a Minister or any specified person or body;\n\t(r)\ta person excluded from the Public Service by proclamation under subsection (3).\n\t(3)\tThe Governor may, by proclamation—\n\t(a)\texclude a person or class of persons from the Public Service; or\n\t(b)\tvary or revoke a proclamation under this subsection.\nDivision 2—Administrative units\n26—Establishment of departments\nThe Governor may, by proclamation—\n\t(a)\testablish a department and assign a title to it; or\n\t(b)\talter the title of a department; or\n\t(c)\tabolish a department.\n27—Establishment of attached offices\nThe Governor may, by proclamation—\n\t(a)\testablish an attached office, assign a title to the office and attach the office to a department or departments; or\n\t(b)\tvary the department or departments to which an office is an attached office; or\n\t(c)\talter the title of an attached office; or\n\t(d)\tabolish an attached office.\n28—Minister responsible for administrative unit\n\t(1)\tThe Governor may, by proclamation, designate the Minister who will be an administrative unit's Minister with responsibility for the unit.\n\t(2)\tA proclamation under subsection (1) will have the effect of revoking the previous designation (if any).\nDivision 3—Chief executives\n29—Administrative units to have chief executives\nThere is to be a chief executive of each administrative unit.\n30—Chief executive to employ persons for administrative unit\n\t(1)\tThe chief executive of an administrative unit may, on behalf of the Crown, engage persons as employees for the purposes of the unit.\n\t(2)\tA person engaged as an employee under subsection (1) becomes an employee in the unit unless excluded from the Public Service under section 25.\n31—General duties of chief executive\n\t(1)\tThe chief executive of a department is responsible to the Premier and the department's Minister for—\n\t(a)\tmaking an effective contribution to the attainment of the whole‑of‑Government objectives that are communicated in writing by the Premier or the department's Minister and relate to the functions or operations of the department; and\n\t(b)\tthe attainment of the performance objectives set from time to time by the Premier and the department's Minister under the contract relating to the chief executive's employment; and\n\t(c)\tthe effective management of the department and the general conduct of its employees.\n\t(2)\tThe chief executive of an office that is an attached office to a department or departments is responsible—\n\t(a)\tto the Premier and the office's Minister for—\n\t(i)\tmaking an effective contribution to the attainment of the whole‑of‑Government objectives that are communicated in writing by the Premier or the office's Minister and relate to the functions or operations of the office; and\n\t(ii)\tthe attainment of the performance objectives set from time to time by the Premier and that Minister under the contract relating to the chief executive's employment; and\n\t(b)\tto the chief executive of the department, or the chief executives of the departments, for—\n\t(i)\tany specific matters relating to the attainment of whole‑of‑Government objectives; and\n\t(ii)\tthe effective management of the office and the general conduct of its employees.\n32—Duties with respect to objects of Act and public sector principles and code of conduct\nThe chief executive of an administrative unit is to ensure, as far as practicable, that the objects of this Act are advanced and the public sector principles and code of conduct are observed in the management and day‑to‑day operations of the unit.\n33—Protection of independence in certain matters\nThe chief executive of an administrative unit is not subject to direction in respect of—\n\t(a)\tthe performance of a quasi‑judicial or statutorily independent function of the chief executive; or\n\t(b)\tthe making of an employment decision relating to a particular person.\n34—Employment or assignment of persons as chief executives\n\t(1)\tA chief executive of an administrative unit is to be engaged by the Premier.\n\t(2)\tThe Premier may assign a public sector employee to act as the chief executive of an administrative unit, or an administrative unit's Minister may assign an employee in the unit to act as the chief executive of the unit, during any period for which—\n\t(a)\tno person is for the time being employed as the chief executive of the unit; or\n\t(b)\tthe chief executive of the unit is absent from, or unable to discharge, official duties.\n35—Conditions of chief executive's employment\n\t(1)\tThe employment of a chief executive of an administrative unit is to be subject to a contract made between the chief executive and the Premier in consultation with the unit's Minister.\n\t(a)\tthat the chief executive is employed for a term not exceeding 5 years specified in the contract; and\n\t(b)\tthat the chief executive is to meet performance objectives as set from time to time by the Premier and the unit's Minister.\n\t(3)\tSubject to the regulations, the contract may make any other provision considered appropriate, including provision excluding or modifying a provision of this Act.\n\t(4)\tThe decision whether to engage the chief executive for a further term must be made and notified to the chief executive not less than the prescribed period before the end of the chief executive's current term of employment.\n\t(5)\tIn this section—\nprescribed period means—\n\t(a)\tif the contract is for a term of 5 years—6 months;\n\t(b)\tif the contract is for a term less than 5 years—the period determined by applying to the period of 6 months the proportion that the number of months in the term of the contract bears to 60 months.\n36—Transfer of chief executives\n\t(1)\tThe Premier may transfer a chief executive of an administrative unit to other duties in the public sector, whether or not as chief executive of another administrative unit, on conditions that maintain the remuneration of the chief executive.\n\t(2)\tA transfer of a chief executive under this section does not constitute a breach of the person's contract of employment or termination of the person's employment, or affect the continuity of the person's employment for any purpose.\n37—Resignation of chief executive\nA chief executive of an administrative unit may resign by not less than 3 months notice in writing to the Premier (unless notice of a shorter period is accepted by the Premier).\n38—Termination of chief executive's employment\n\t(1)\tThe Premier may, by notice in writing, terminate the employment of a chief executive of an administrative unit—\n\t(a)\ton the ground that the chief executive has become bankrupt or has applied to take the benefit of a law for the relief of insolvent debtors; or\n\t(b)\ton any ground on which the employment of an employee of a public sector agency may be terminated under Part 7 Division 3.\n\t(2)\tThe Premier may, by notice in writing, terminate the employment of a chief executive of an administrative unit without specifying any grounds.\n\t(3)\tSubject to the contract relating to the chief executive's employment, if a chief executive's employment is terminated by the Premier by notice under subsection (2), the chief executive is entitled to a termination payment of an amount equal to 4 months remuneration (at the rate determined for the purposes of this subsection under the chief executive's contract) for each uncompleted year of the chief executive's employment (with a pro rata adjustment in relation to part of a year) up to a maximum of 16 months remuneration.\n\t(4)\tThe period of notice under subsection (2) must be at least 4 months except where the chief executive is compensated by payment of an amount equal to the remuneration that would have been payable during the balance of the period of 4 months (at the rate determined for the purposes of this subsection under the chief executive's contract).\n39—Delegation by chief executive\n\t(1)\tThe chief executive of an administrative unit may, by instrument in writing, delegate a power or function under this Act—\n\t(a)\tto a particular person or committee; or\n\t(2)\tA power or function delegated under this section may, if the instrument of delegation so provides, be further delegated.\n40—Provision for statutory office holder to have powers etc of chief executive\nDespite the preceding provisions of this Part, the Minister may, by notice in the Gazette—\n\t(a)\tdeclare that the person for the time being holding or acting in a specified statutory office established under an Act will have the powers and functions of a chief executive in relation to a specified administrative unit; and\n\t(b)\trevoke a declaration under this section.\nPart 7—Public sector employment\n","sortOrder":0},{"sectionNumber":"Div 1","sectionType":"division","heading":"Application of Part","content":"Division 1—Application of Part\n41—Public Service and declared public sector employment\n\t(1)\tThis Part applies to employment in the Public Service.\n\t(2)\tThis Part also applies to public sector employment outside the Public Service to the extent provided by another Act or the regulations under this Act.\n\t(3)\tThe regulations under this Act may apply or modify the application of this Part or a provision of this Part to public sector employment outside the Public Service.\n\t(4)\tRegulations may be made for the purposes of this section, and will have effect according to their terms, despite the provisions of any other Act.\n","sortOrder":1},{"sectionNumber":"Div 2","sectionType":"division","heading":"Executives","content":"Division 2—Executives\n42—Conditions of executive's employment\n\t(1)\tThe employment of a person as an executive employee of a public sector agency is to be subject to a contract made between the employee and the agency.\n\t(a)\tthat the employee is employed for a term not exceeding 5 years specified in the contract; and\n\t(b)\tthat the employee is to meet performance objectives as set from time to time by the agency.\n\t(3)\tSubject to the regulations, the contract may make any other provision considered appropriate, including provision excluding or modifying a provision of this Act.\n\t(4)\tThe decision whether to engage the employee for a further term must be made and notified to the employee not less than the prescribed period before the end of the employee's current term of employment.\n\t(5)\tIn this section—\nprescribed period means—\n\t(a)\tif the contract is for a term of 5 years—6 months;\n\t(b)\tif the contract is for a term less than 5 years—the period determined by applying to the period of 6 months the proportion that the number of months in the term of the contract bears to 60 months.\n43—Resignation of executives\nAn executive employee of a public sector agency may resign by not less than 8 weeks notice in writing to the agency (unless notice of a shorter period is accepted by the agency).\n44—Termination of executive's employment by notice\n\t(1)\tA public sector agency may, by notice in writing, terminate the employment of an executive employee of the agency without specifying any grounds.\n\t(2)\tSubject to the contract relating to the employee's employment, if the employee's employment is terminated by the agency by notice under subsection (1), the employee is entitled to a termination payment of an amount equal to 4 months remuneration (at the rate determined for the purposes of this subsection under the employee's contract) for each uncompleted year of the employee's employment (with a pro rata adjustment in relation to part of a year) up to a maximum of 16 months remuneration.\n\t(3)\tThe period of notice under subsection (1) must be at least 4 months except where the employee is compensated by payment of an amount equal to the remuneration that would have been payable during the balance of the period of 4 months (at the rate determined for the purposes of this subsection under the employee's contract).\n\t(4)\tThe power conferred by this section is in addition to the power to terminate an executive employee's employment under section 54.\n","sortOrder":2},{"sectionNumber":"Div 3","sectionType":"division","heading":"General employment processes and conditions","content":"Division 3—General employment processes and conditions\n45—Engagement of employees\n\t(1)\tThis section applies to employees of a public sector agency other than executive employees.\n\t(2)\tThe basis on which a person is engaged as an employee must be as—\n\t(a)\tan ongoing employee; or\n\t(b)\ta term employee; or\n\t(c)\ta casual employee.\n\t(3)\tA person is only to be engaged as a term employee, and the person's engagement is only to be extended, as follows:\n\t(a)\ta person may be engaged as a term employee for duties required for the carrying out of a project of a duration not exceeding 5 years and the engagement may be extended (including beyond a total of 5 years) but not so that the term extends beyond the duration of the project;\n\t(b)\ta person may be engaged as a term employee for a specified term for duties required to be performed because of the absence of another employee or while selection processes are conducted in respect of the duties and the engagement may be extended but not so that the term extends beyond the absence of the employee or the completion of the selection processes;\n\t(c)\ta person may be engaged as a term employee for a specified term not exceeding 5 years in cases of a special or exceptional kind prescribed by the regulations and the engagement may be extended but not so that the term extends beyond a total of 5 years;\n\t(d)\ta person may be engaged as a term employee for a specified term not exceeding 2 years for duties that are otherwise of a temporary nature and the engagement may be extended but not so that the term extends beyond a total of 2 years.\n\t(4)\tThe regulations may impose further limits on the exercise of the power to engage or extend the engagement of persons as term or casual employees.\n\t(5)\tA public sector agency may change the basis on which a person is engaged as an employee at any time with the employee's agreement.\n\t(6)\tIn this section—\nabsence of an employee from duties means the absence of an employee in circumstances in which the employee may return to the duties;\nextend the engagement of a person as a term employee includes re‑engage the person as a term employee so as to continue the same or similar duties.\n46—Merit‑based selection processes\n\t(1)\tThe following may only occur as a consequence of selection processes conducted on the basis of merit in accordance with the regulations:\n\t(a)\tengagement of a person as an employee of a public sector agency;\n\t(b)\tpromotion of an employee of a public sector agency to a higher remuneration level;\n\t(c)\tchanging the basis on which a person is engaged as an employee of a public sector agency to engagement as an ongoing employee.\n\t(2)\tSubsection (1) does not apply—\n\t(a)\tto the engagement of a casual employee; or\n\t(b)\tto the promotion of an employee by way of reclassification of the employee's remuneration level; or\n\t(c)\tto the engagement of an employee under an employment opportunity program; or\n\t(d)\tin circumstances prescribed by the regulations.\n47—Assignment of duties\nA public sector agency may from time to time determine the duties of a person as an employee of the agency and the place or places at which the duties are to be performed.\n48—Probation\n\t(1)\tThis section does not apply to an executive employee.\n\t(2)\tA person who is not already in the employment of a public sector agency is, when engaged as an employee of a public sector agency, at first on probation for 12 months, unless the agency determines that no probation is required or determines a lesser period of probation.\n\t(3)\tThe employment of an employee who is on probation may be terminated by the public sector agency at any time.\n\t(4)\tIf an employee has been on probation for at least half of the period of probation, the agency may confirm the employee's employment and, in that event, the employee ceases to be on probation.\n\t(5)\tUnless the employee's employment is sooner confirmed or terminated, the employee ceases to be on probation at the end of the period of probation.\n\t(6)\tFor the purposes of this section, probationary service does not include a period for which the employee has been absent on leave without pay.\n\t(7)\tA period of probation that applies to an employee under this section will be taken to be reasonable for the purposes of the Fair Work Act 1994.\n49—Remuneration\n\t(1)\tAn employee of a public sector agency is entitled to remuneration in accordance with the employee's remuneration level.\n\t(2)\tA deduction may be made from an employee's remuneration for any charge payable by the employee under a determination of the Commissioner under Part 4 in respect of accommodation, services, goods or any other benefit provided to the employee in connection with his or her employment.\n\t(3)\tThe remuneration level of an employee of a public sector agency may be reclassified by the agency on the initiative of the agency or on application to the agency by the employee.\n\t(4)\tThe regulations may not exclude the right of an employee to apply under Part 7 Division 4 to SAET for review of a decision on an application by the employee under subsection (3).\n50—Additional duties allowance\n\t(1)\tA public sector agency may direct an employee of the agency to perform specified duties in addition to those on which the employee's remuneration level is based.\n\t(2)\tThe agency may authorise payment to the employee of an allowance appropriate to the duties being performed.\n51—Hours of duty and leave\nThe hours of duty of an employee of a public sector agency and the rights of an employee of a public sector agency to holidays and leave are governed by Schedule 1.\n52—Resignation (other than executives)\n\t(1)\tAn employee of a public sector agency, other than an executive employee, may resign from his or her employment by not less than 14 days notice in writing to the agency (unless notice of a shorter period is accepted by the agency).\n\t(2)\tIf an employee of a public sector agency—\n\t(a)\tis absent, without authority, from his or her employment for a period of 10 working days; and\n\t(b)\tgives no proper written explanation or excuse for the absence to the agency before the end of that period,\nthe employee will, if the agency so determines, be taken to have resigned from his or her employment.\n53—Reduction in remuneration level\n\t(1)\tA public sector agency may reduce the remuneration level of an employee of the agency without the employee's consent on any of the following grounds:\n\t(a)\tthe employee is excess to the requirements of the agency at the higher remuneration level;\n\t(b)\tthe employee's physical or mental incapacity to perform duties satisfactorily at the higher remuneration level;\n\t(c)\tthe employee's unsatisfactory performance of duties at the higher remuneration level;\n\t(d)\tthe employee's misconduct;\n\t(e)\tthe employee's lack of an essential qualification for performing duties at the higher remuneration level.\n\t(2)\tA public sector agency may not reduce an employee's remuneration level under subsection (1)(a) or (b) unless the agency has made reasonable endeavours to find, but has failed to find, other suitable duties in the agency, or other public sector employment (to which this Part applies), to which the employee might be assigned or transferred on conditions that maintain the employee's substantive remuneration level.\n\t(3)\tIf an employee's remuneration level is reduced under subsection (1)(a), the employee is entitled to supplementation of the employee's remuneration in accordance with the relevant provisions of an award or enterprise agreement or, if there is no award or enterprise agreement covering the matter, in accordance with a scheme prescribed by the regulations.\n\t(4)\tThe power to reduce an employee's remuneration level under this section includes (without limitation) power—\n\t(a)\tto reduce an employee's remuneration level to a remuneration level from a classification structure, or different classification structure, fixed by a determination of the Commissioner under Part 4; and\n\t(b)\tto reduce an employee's remuneration level to a remuneration level for a class of employees not subject to a determination of the Commissioner under Part 4; and\n\t(c)\tto reduce an employee's remuneration level as a preliminary step to assigning or transferring the employee to other duties in the agency or other public sector employment (whether or not employment to which this Part applies).\n54—Termination\n\t(1)\tA public sector agency may terminate the employment of an employee of the agency on any of the following grounds:\n\t(a)\tthe employee is excess to the requirements of the agency;\n\t(b)\tthe employee's physical or mental incapacity to perform his or her duties satisfactorily;\n\t(c)\tthe employee's unsatisfactory performance of his or her duties;\n\t(d)\tthe employee's misconduct;\n\t(e)\tthe employee's lack of an essential qualification for performing his or her duties.\n\t(2)\tThe employment of an employee may not be terminated under subsection (1)(a) or (b) unless the public sector agency has made reasonable endeavours to find, but has failed to find, other suitable duties in the agency, or other public sector employment (to which this Part applies), to which the employee might be assigned or transferred on conditions that maintain the employee's substantive remuneration level.\n\t(3)\tA public sector agency may not terminate the employment of an employee under subsection (1) on any ground unless the agency—\n\t(a)\thas informed the Commissioner of the grounds on which it is proposed to terminate the employment of the employee and the processes leading up to the proposal to terminate; and\n\t(b)\thas considered any advice given by the Commissioner within 14 days about the adequacy of the processes.\n55—Disciplinary action\n\t(1)\tA public sector agency may—\n\t(a)\treprimand an employee of the agency; or\n\t(b)\tsuspend an employee of the agency from duty without remuneration or accrual of leave rights for a specified period,\non the ground of the employee's misconduct.\nNote—\nDisciplinary action may also take the form of—\n\t(a)\treduction of the remuneration level of an employee under section 53; or\n\t(b)\ttermination of an employee's employment under section 54.\nA public sector agency may, in conjunction with taking disciplinary action—\n\t(a)\tassign an employee to different duties or to a different place under section 47; or\n\t(b)\ttransfer an employee to other employment under section 9.\n\t(2)\tNothing prevents a public sector agency from taking more than 1 form of disciplinary action against an employee for misconduct.\n56—Power to require medical examination\n\t(a)\tan employee of a public sector agency is not performing the employee's duties satisfactorily; and\n\t(b)\tit appears to the agency that the employee's unsatisfactory performance may be caused by mental or physical incapacity,\nthe agency may require the employee to undergo a medical examination by a medical practitioner selected by the employee from a panel of medical practitioners nominated by the agency.\n\t(2)\tIf an employee refuses or fails, without reasonable excuse, to submit to a medical examination as required under subsection (1), the public sector agency may suspend the employee from duty (without remuneration and accrual of leave rights) until the employee submits to a medical examination as required by the agency.\n\t(3)\tThe public sector agency must—\n\t(a)\tfurnish the employee with a copy of any report on the results of a medical examination required under this section; and\n\t(b)\tbefore taking any action on the basis of the report, allow the employee a period of not less than 14 days from the date of the employee's receipt of the report to furnish the agency with any medical reports obtained by the employee on his or her mental or physical condition.\n57—Power to suspend from duty\n\t(1)\tA public sector agency may suspend an employee of the agency from duty pending the completion of any investigation, process or proceedings in respect of alleged misconduct by the employee if the agency decides that it is in the public or agency's interest to do so.\n\t(2)\tSubject to subsection (3), a suspension will be with remuneration.\n\t(3)\tA suspension may be without remuneration if—\n\t(a)\tthe employee has been charged with an offence punishable by imprisonment; or\n\t(b)\tthe employee has been given notice setting out details of alleged misconduct on the part of the employee and inviting the employee to show cause why disciplinary action should not be taken against the employee.\n\t(4)\tA public sector agency must reimburse remuneration withheld as a result of the suspension of an employee from duty if a court finds the person not guilty of the offence or the agency decides that the person was not guilty of misconduct (or both if the employee has been both charged with the offence and given notice setting out details of alleged misconduct).\n\t(5)\tA public sector agency may revoke a suspension at any time.\n","sortOrder":3},{"sectionNumber":"Div 4","sectionType":"division","heading":"Review of employment decisions","content":"Division 4—Review of employment decisions\n","sortOrder":4},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Review of dismissal","content":"Subdivision 1—Review of dismissal\n58—Application of unfair dismissal provisions of Fair Work Act\n\t(1)\tChapter 3 Part 6 of the Fair Work Act 1994 (Unfair dismissal) applies in accordance with its terms to dismissal of a public sector employee.\nNote—\nConsequently, subject to Chapter 3 Part 6 of the Fair Work Act 1994, if a public sector agency dismisses an employee, the employee may, before the end of a period of 21 days from the date the dismissal takes effect, apply to SAET for relief under that Part.\n\t(2)\tIf SAET, on application under Chapter 3 Part 6 of the Fair Work Act 1994 (Unfair dismissal) by an employee of a public sector agency, orders that the applicant be re‑employed but is satisfied, on the application of the public sector agency, that some other disciplinary action is appropriate to deal with misconduct of the employee, SAET may make an order that the agency take specified disciplinary action.\n","sortOrder":5},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Review of employment decisions (other than dismissal)","content":"Subdivision 2—Review of employment decisions (other than dismissal)\n59—Right of review\n\t(1)\tThis Subdivision provides public sector employees with rights to apply for review of employment decisions.\n\t(2)\tThis Subdivision does not apply—\n\t(a)\tto the dismissal of a public sector employee; or\n\t(b)\tto a decision to select a person who is not a public sector employee as a consequence of selection processes conducted on the basis of merit; or\n\t(ba)\tto a decision by the CE of the Correctional Services Act 1982 to refuse an application in accordance with section 85CB(4) of that Act (to the extent that the refusal of the application involves an employment decision for the purposes of this Act); or\n\t(c)\tin circumstances prescribed by the regulations.\n60—Conciliation\nA public sector agency is required to endeavour to resolve its employees' grievances by conciliation (regardless of the fact that employees may apply for review of its decisions).\n61—Internal review\n\t(1)\tAn employee aggrieved by an employment decision of a public sector agency directly affecting the employee may apply for an internal review of the decision by the public sector agency.\n\t(2)\tThe regulations may make provision relating to—\n\t(a)\tapplications for internal reviews by agencies; and\n\t(b)\tthe conduct of internal reviews by agencies.\n62—External review\n\t(1)\tAn employee aggrieved by an employment decision of a public sector agency directly affecting the employee may apply to SAET for a review of the decision.\n\t(2)\tSubject to the regulations, an employee may not apply to SAET for a review of a decision unless—\n\t(a)\tthe employee has applied for an internal review of the decision by the agency; and\n\t(b)\tthe internal review has been completed, or has not commenced, as required by the regulations.\n\t(3)\tSAET may decline to review a decision—\n\t(a)\tif the application for review is frivolous or vexatious; or\n\t(b)\tif the applicant for review has made a complaint under the Equal Opportunity Act 1984 in respect of the decision; or\n\t(c)\tin circumstances prescribed by the regulations.\n\t(4)\tOn a review, SAET—\n\t(a)\tmust examine the decision on the evidence or material before the agency, but may, as it thinks fit, allow further evidence or material to be presented to it; and\n\t(b)\tmust determine whether, on the balance of probabilities, the decision is harsh, unjust or unreasonable; and\n\t(c)\tmay—\n\t(i)\taffirm the decision;\n\t(ii)\tin the case of a prescribed decision—rescind the decision and substitute the decision with a decision that the body considers appropriate (including a decision restoring any entitlements lost up to the time of the decision);\n\t(iii)\tremit matters to the agency for consideration or further consideration in accordance with any directions or recommendations of the body.\n\t(4a)\tSection 30(1) and (2) of the South Australian Employment Tribunal Act 2014 do not apply to or in relation to a decision of SAET acting as the review body under this section.\n\t(4b)\tA decision of SAET under this section may not be the subject of an application for review or an appeal under Part 5 of the South Australian Employment Tribunal Act 2014.\n\t(5)\tThe parties to a review are not to be legally represented unless SAET considers that either party would be at a significant disadvantage in the absence of legal representation.\n\t(6)\tThe regulations may make provision relating to—\n\t(a)\tapplications for reviews under this section; and\n\t(b)\tthe conduct of reviews under this section.\n\t(7)\tThis section does not apply in circumstances prescribed by the regulations.\n\t(8)\tIn this section—\nprescribed decision means—\n\t(a)\ta decision to take disciplinary action; or\n\t(b)\tany decision to reduce an employee's remuneration level; or\n\t(c)\ta decision to transfer an employee, or to assign an employee to different duties or a different place, made in conjunction with a decision to take disciplinary action or reduce an employee's remuneration level; or\n\t(d)\ta decision to transfer an employee, or to assign an employee to a different place, that reasonably requires the employee to change his or her place of residence.\n63—Special provision for review of selection processes\nDespite any other provision of this Subdivision, a review of a decision to select an employee as a consequence of selection processes conducted on the basis of merit must be limited to considering whether the processes should be recommenced from the beginning or some later stage on the ground that—\n\t(a)\tthe employee was not eligible for appointment; or\n\t(b)\tthe processes were affected by nepotism or patronage or were otherwise not properly based on assessment of the respective merits of the applicants; or\n\t(c)\tthere was some other serious irregularity in the processes.\n64—Application of Fair Work Act 1994 and South Australian Employment Tribunal Act 2014\n\t(1)\tThe regulations may modify the application of the Fair Work Act 1994 and the South Australian Employment Tribunal Act 2014 to proceedings before SAET under this Subdivision.\nPart 8—Miscellaneous\n65—Employment opportunity programs\n\t(1)\tThe Minister may, by notice in the Gazette—\n\t(a)\tdeclare an employment program designed to—\n\t(i)\tensure that persons of a defined class have equal opportunities in relation to employment in the public sector with persons not of that class; or\n\t(ii)\tto assist persons of a defined class to gain employment, training or experience in the public sector; or\n\t(iii)\tto assist persons of a defined class employed in the public sector to pursue careers in the public sector as effectively as persons not of that class,\nto be an employment opportunity program; or\n\t(b)\tvary or revoke a notice under this subsection.\n\t(2)\tAny special provision in an employment opportunity program will, despite the provisions of this or any other Act, be lawful.\n66—Re‑engagement of employee who resigns to contest election\n\t(a)\tan employee of a public sector agency resigns from his or her employment for the purpose of standing as a candidate for election to the Parliament of the State or the Commonwealth; and\n\t(b)\tthe resignation takes effect not more than 1 month before the issue of the writ for the election; and\n\t(c)\tthe former employee is not elected and applies to be re‑engaged as an employee of the agency within 2 months after the return of the writ for the election,\nthe employee must be re‑engaged as an employee of the agency without probation and with the same remuneration level as before his or her resignation.\n\t(2)\tFor the purpose of determining the rights of an employee who is re‑engaged as an employee under this section, the period between the person's resignation and re‑engagement is to be taken to be leave without pay.\n67—Multiple appointments etc\n\t(1)\tThe Commissioner may approve arrangements under which—\n\t(a)\ta person may be employed in the Public Service or elsewhere in the public sector for a period during which the person remains in some other employment outside the Public Service or the public sector; or\n\t(b)\ta person who is employed in the Public Service or elsewhere in the public sector may remain in that employment for a period during which the person is engaged in some other employment outside the Public Service or the public sector,\nand any such arrangements will have effect according to their terms and despite the provisions of this or any other Act.\n\t(2)\tIf a person holding an office is or has been appointed to a further office, he or she is not to be taken to have vacated the first mentioned office or to have been invalidly appointed to the further office because—\n\t(a)\tthe potential exists or has existed for the duties of the offices to be in conflict; or\n\t(b)\tthe duties of either 1 or more of the offices require, by implication, the person's full time attention.\n\t(3)\tThe Minister may give directions in relation to an actual or potential conflict of duty between offices held concurrently, or in relation to some other incompatibility between offices held concurrently, and, if the office holder concerned complies with those directions, he or she is excused from any breach that would otherwise have occurred.\n\t(4)\tIn this section—\noffice means—\n\t(a)\ta public office; or\n\t(b)\tany employment in the public sector.\n68—Payment of remuneration on death\nOn the death of an employee of a public sector agency, the agency may, if of the opinion that it is appropriate to do so, direct that an amount payable in respect of the employee's remuneration be paid to dependants of the employee and not to the personal representative.\n69—Reduction in remuneration arising from refusal or failure to carry out duties\n\t(1)\tIf an employee of a public sector agency is absent from his or her duties without lawful authority, the agency may direct that the employee not be paid remuneration for the period of the absence.\n\t(2)\tIf, in consequence or furtherance of industrial action, an employee of a public sector agency refuses or fails to carry out duties that the employee has been lawfully instructed to perform, the agency may direct that the employee not be paid remuneration for any day (or part of a day) on which the employee refuses or fails to carry out those duties.\n\t(3)\tA direction under subsection (2) is effective to prevent payment of remuneration to an employee despite the fact that, on any day (or part of a day) to which the direction relates, the employee performs some (but not all) of the duties that the employee has been lawfully instructed to perform.\n\t(4)\tThe power conferred by this section is in addition to the power to take action to deal with the employee's misconduct under Part 7 Division 3.\n70—Action where overpayment or liability to Crown\n\t(1)\tA public sector agency may make deductions from the remuneration of an employee, or from an amount payable in respect of a person's employment, in order to recover an amount overpaid through an administrative error.\n\t(2)\tIf a public sector employee or former public sector employee has incurred a liability to a public sector agency or the Crown in connection with the person's employment or former employment as a public sector employee, an amount that would otherwise be required to be paid to the person in respect of his or her employment may be applied in or towards satisfaction of the liability.\n\t(3)\tWithout limiting subsection (1) or (2), a deduction may be made or an amount may be withheld pending the determination of proceedings relating to the person's liability to the agency or the Crown.\n71—Employment of Ministerial staff\n\t(1)\tThe Premier may engage a person as a member of a Minister's personal staff on conditions determined by the Premier.\n\t(2)\tA person employed under this section is not an employee in the Public Service.\n\t(3)\tThe number of persons employed under this section must not at any time exceed 1% of all employees in the Public Service.\n\t(4)\tEmployment as a member of a Minister's personal staff continues while the Minister continues to be a Minister (whether or not in the same Ministerial office) unless it sooner expires or is terminated under the conditions of employment.\n\t(5)\tThe Premier must cause a report to be prepared not less frequently than once every 12 months setting out with respect to each Minister—\n\t(a)\tdetails of the engagement of persons as members of the Minister's personal staff under this section (other than those described in previous reports under this section); and\n\t(b)\tthe number of persons for the time being employed on the Minister's personal staff under this section; and\n\t(c)\tthe remuneration and other conditions of employment of each person for the time being employed on the Minister's personal staff under this section.\n\t(6)\tA report under subsection (5) must—\n\t(a)\tbe published in the Gazette next issued after its presentation to the Premier; and\n\t(b)\tbe laid before each House of Parliament within 12 sitting days after preparation of the report.\n72—Appointment of other special staff\n\t(1)\tThe Minister may engage—\n\t(a)\ta person as a member of the staff of a Member of Parliament; or\n\t(b)\ta person in employment of a class prescribed by the regulations,\non conditions determined by the Minister.\n\t(2)\tA person employed under this section is not an employee in the Public Service.\n73—Operation of Fair Work Act 1994\nA determination, direction or decision under this Act affecting remuneration or conditions of employment is subject to an award, determination or enterprise agreement in force under the Fair Work Act 1994.\n74—Immunity relating to official powers or functions\n\t(1)\tThis section applies to—\n\t(a)\ta public official; and\n\t(b)\ta public sector employee; and\n\t(c)\ta person to whom a function or power of a public sector agency, public sector employee or public official is delegated in accordance with an Act; and\n\t(d)\ta person who is, in accordance with an Act, assisting a public sector employee or public official in the enforcement of the Act.\n\t(2)\tSubject to this Act, no civil liability attaches to a person to whom this section applies for an act or omission in the exercise or purported exercise of official powers or functions.\n\t(3)\tAn action that would, but for subsection (2), lie against a person lies instead against the Crown, except in the case of a member of a body corporate or the governing body of a body corporate or a person employed or appointed by, or a delegate of, a body corporate, in which case it lies instead against the body corporate.\n\t(4)\tThis section does not prejudice rights of action of the Crown or a public sector agency in respect of an act or omission of a person not in good faith.\n\t(5)\tThis section does not apply to a person if section 22 or Schedule clause 11 of the Public Corporations Act 1993 applies to the person.\n\t(6)\tIn this section—\npublic official means a person appointed by the Governor or a public sector agency to an office (including to be a member of a body, whether incorporated or unincorporated).\n75—Delegation by Minister\n\t(1)\tThe Minister may, by instrument in writing, delegate a power or function under this Act—\n\t(a)\tto a particular person; or\n\t(2)\tA power or function delegated under this section may, if the instrument of delegation so provides, be further delegated.\n76—Temporary exercise of statutory powers\n\t(a)\ta statutory power or function is exercisable by an employee of a public sector agency; and\n\t(b)\tthe employee is absent or is for any reason unable to exercise the power or function,\nthe power or function may be exercised by the public sector agency or some other employee nominated by the public sector agency by instrument in writing.\n\t(2)\tAn apparently genuine document purporting to be a copy of an instrument of nomination under this section will be accepted in any legal proceedings, in the absence of proof to the contrary, as proof that the employee referred to as the nominee was duly authorised to exercise the power or function referred to in the instrument.\n77—Designation of positions\nA public sector agency may, but is not required to, designate specified duties in the employment of the agency as a position with a specified title.\n78—Obsolete references\nIf the title of a public sector agency or position is altered, a reference in an Act or statutory instrument to the agency or position under an earlier title is, unless the contrary intention appears, to be read as a reference to the agency or position under its new title.\n79—Evidentiary provision\n\t(1)\tA certificate signed by the Minister certifying—\n\t(a)\tas to the existence of a specified public sector agency at a specified time or over a specified period (including a time or period before the commencement of this Act); or\n\t(b)\tthat a specified person was performing specified duties or the holder of or acting in a specified office or position in the public sector at a specified time or over a specified period (including a time or period before the commencement of this Act),\nwill be accepted in any legal proceedings as proof of the matter so certified, in the absence of proof to the contrary.\n\t(2)\tAn apparently genuine document purporting to be a certificate under this section will be accepted in any legal proceedings as such a certificate, in the absence of proof to the contrary.\n\t(3)\tIn this section—\npublic sector agency and the public sector include a department or administrative unit under a repealed Act.\n80—Service of notices\nA notice or document required or authorised by this Act to be given to or served on a public sector employee may be given to or served on the employee personally or by post addressed to the employee at the address last notified by the employee in accordance with the regulations.\n81—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by this Act, or as are necessary or expedient for the purposes of this Act.\n\t(2)\tA regulation—\n\t(a)\tmay be of general or limited application and may vary in operation according to factors stated in the regulation; and\n\t(b)\tmay leave a matter or thing to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister, the Commissioner or a public sector agency, either generally or in a particular case or class of cases; and\n\t(c)\tmay exempt (conditionally or unconditionally) a person or class of persons from specified provisions of this Act; and\n\t(d)\tmay prescribe fines (not exceeding $2 500) for offences against the regulations.\n","sortOrder":6},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Leave and working arrangements","content":"Schedule 1—Leave and working arrangements\n","sortOrder":7},{"sectionNumber":"Part 1","sectionType":"part","heading":"Flexible leave and working arrangements","content":"Part 1—Flexible leave and working arrangements\n1—Flexible leave and working arrangements\n\t(1)\tThe Commissioner may make determinations relating to leave and working arrangements—\n\t(a)\tto enable public sector employees to move within the public sector, gain other work experience and undertake professional development; and\n\t(b)\tto assist public sector employees to balance work demands and family and personal pursuits and responsibilities; and\n\t(c)\tfor other purposes.\n\t(2)\tWithout limiting subclause (1), the Commissioner may determine—\n\t(a)\tarrangements under which public sector employees may be granted leave (with pay or without pay), or have an entitlement to be granted leave (with pay or without pay), including—\n\t(i)\tstudy leave and leave for a secondment; and\n\t(ii)\tparental leave; and\n\t(iii)\tfamily carer's leave; and\n\t(iv)\tleave to fulfill community responsibilities; and\n\t(b)\tvoluntary flexible working arrangements for public sector employees, including—\n\t(i)\tpart‑time employment; and\n\t(ii)\tflexible working hours; and\n\t(iii)\tpurchased leave; and\n\t(iv)\tcompressed working weeks.\n\t(3)\tRegulations may be made relating to the matters referred to in subclauses (1) and (2) and the making of determinations by the Commissioner relating to those matters.\n\t(4)\tThe regulations and determinations of the Commissioner—\n\t(a)\tmay modify other provisions of this Schedule relating to hours of attendance, leave entitlements or the calculation of service and effective service; and\n\t(b)\twill have effect according to their terms.\nPart 2—Hours of attendance\n2—Hours of attendance\n\t(1)\tSubject to this Schedule and any direction of the agency, an employee of a public sector agency is obliged to attend at the employee's place of employment throughout the hours fixed by the regulations as ordinary business hours in relation to the agency.\n\t(2)\tA public sector agency may, at the request and with the consent of an employee of the agency, determine that the duties of the employee be performed under flexible working arrangements, and, in that event, the employee is not required to attend at his or her place of employment except according to the basis determined by the agency.\n\t(3)\tThis clause does not apply to a casual employee.\n","sortOrder":8},{"sectionNumber":"Part 3","sectionType":"part","heading":"Holidays and closure of offices","content":"Part 3—Holidays and closure of offices\n3—Holidays\n\t(1)\tSubject to subclause (2), the following days are to be observed as holidays in the employment of a public sector agency:\n\t(a)\tall public holidays;\n\t(b)\tany other days declared by proclamation to be holidays in that employment.\n\t(2)\tA public sector agency may require employees of the agency to attend for duty on a holiday.\n4—Closure of workplaces etc\n\t(1)\tThe Minister may direct—\n\t(a)\tthat all or any of the workplaces of employees of a public sector agency be closed; and\n\t(b)\tthat specified classes of employees be not required to work,\non a specified day or days.\n\t(2)\tIf an employee is not required to work on a particular day because of a direction under subclause (1) then, subject to subclause (3), the employee is to be taken to have been granted recreation leave on that day or those days.\n\t(3)\tAn employee who is not required to work on a day by reason of a direction under subclause (1) must, if the employee would, but for subclause (2), have been entitled to sick leave on that day, be granted the sick leave, and, in that event, the employee is to be taken not to have been granted recreation leave on that day.\n\t(4)\tAn employee who is not required to work on a day by reason of a direction under subclause (1) may, if the employee would, but for subclause (2), have been entitled to be absent from the employee's place of employment under flexible working arrangements adopted by the agency, be absent on that basis, and, in that event, the employee is to be taken not to have been granted recreation leave on that day.\n","sortOrder":9},{"sectionNumber":"Part 4","sectionType":"part","heading":"Recreation leave","content":"Part 4—Recreation leave\n5—Recreation leave\n\t(1)\tSubject to this Schedule, the regulations and any determinations of the Commissioner, an employee of a public sector agency is entitled to 1⅔ days recreation leave for each completed month of the employee's service.\n\t(2)\tA public sector agency may, subject to any determinations of the Commissioner, increase the entitlement to recreation leave of a particular employee or employees of a particular class.\n\t(3)\tRecreation leave must be granted by a public sector agency in accordance with the regulations and any determinations of the Commissioner.\n\t(4)\tRecreation leave may, subject to the regulations and any determinations of the Commissioner, be taken in anticipation of the leave accruing to the employee.\n\t(5)\tIf an employee who is entitled to recreation leave dies or ceases for any reason to be an employee, the employee, or the employee's personal representative, as the case requires, must, unless the agency otherwise determines, be paid a sum calculated in accordance with the determinations of the Commissioner as being the monetary value of the leave.\n\t(6)\tIf an employee of a public sector agency has taken recreation leave before the entitlement to the leave accrues to the employee and the employee ceases for any reason to be an employee then, unless the agency otherwise determines, a sum equal to the sum paid to the employee in respect of that leave is payable to the public sector agency as a debt by the employee.\n\t(7)\tIf an employee of a public sector agency has been given a direction to take accrued recreation leave within a specified period but has not done so, the public sector agency may give the employee written notice cancelling the entitlement of the employee to specified accrued recreation leave.\n\t(8)\tThis clause does not apply to a casual employee.\n","sortOrder":10},{"sectionNumber":"Part 5","sectionType":"part","heading":"Sick leave","content":"Part 5—Sick leave\n6—Sick leave etc\n\t(1)\tAn employee of a public sector agency is, subject to this clause and the regulations, entitled to take sick leave not exceeding the amount of sick leave standing to the credit of the employee.\n\t(2)\tSubject to this Schedule, the regulations and any determinations of the Commissioner, an employee must be credited with 1 days sick leave for each completed month of the employee's service.\n\t(3)\tThe agency may, subject to any determinations of the Commissioner, in appropriate cases, increase the entitlement to sick leave of a particular employee or employees of a particular class.\n\t(4)\tSick leave may, subject to the regulations and any determinations of the Commissioner, be taken in anticipation of the leave accruing to the employee.\n\t(5)\tThe agency may, subject to any determinations of the Commissioner, approve a scheme in relation to a class of employees under which this clause will apply in a modified way in relation to employees of that class who individually apply to come under the scheme.\n\t(6)\tIf an employee of a public sector agency has taken sick leave before the entitlement to the leave accrues to the employee and the employee ceases for any reason to be an employee then, unless the agency otherwise determines, a sum equal to the sum paid to the employee in respect of that leave is payable to the public sector agency as a debt by the employee.\n\t(7)\tThis clause does not apply to a casual employee.\n","sortOrder":11},{"sectionNumber":"Part 6","sectionType":"part","heading":"Long service leave","content":"Part 6—Long service leave\n7—Long service leave\n\t(1)\tSubject to this Schedule, the regulations and any determinations of the Commissioner, an employee will accrue an entitlement to long service leave at the rate of 9 calendar days for each completed year of effective service.\n\t(1a)\tAn employee who has completed 15 years of effective service (a long‑term employee) is entitled to an additional amount of leave (a skills and experience retention leave entitlement) (that will be taken to constitute long service leave) for each completed month of effective service (being service as a long‑term employee) as follows:\n\t(a)\tfor each month of effective service completed during the 2012/2013 financial year—⅙ working days leave;\n\t(b)\tfor each month of effective service completed during the 2013/2014 financial year—¼ working days leave;\n\t(c)\tfor each month of effective service completed on or after 1 July 2014—⅓ working days leave.\n\t(2)\tDespite subclause (1)—\n\t(a)\tan employee does not become entitled to take long service leave, or receive a payment in lieu of long service leave, before completing 7 years of effective service; and\n\t(b)\tthe Commissioner may make a determination under which accrual of the entitlement referred to in subclause (1) will be calculated instead as a number of working hours long service leave for each completed month of effective service and an employee will be granted long service leave as a number of working hours.\n\t(2a)\tDespite subclause (1a), the Commissioner may make a determination under which accrual of the entitlement referred to in subclause (1a) will be calculated instead as a number of working hours leave for each completed month of effective service.\n\t(3)\tA public sector agency may, subject to any determinations of the Commissioner, increase the entitlement to long service leave of a particular employee or employees of a particular class.\n\t(4)\tLong service leave must be granted by a public sector agency in accordance with the regulations and any determinations of the Commissioner.\n\t(4a)\tAn entitlement to skills and experience retention leave accrued during a particular financial year may be converted to an entitlement to a monetary amount fixed by the regulations in accordance with a scheme prescribed by the regulations (and clause 9(1) will not apply in relation to skills and experience retention leave).\n\t(4b)\tA skills and experience retention leave entitlement is to be taken (depending on the amount of such leave accrued) as 1 or more whole working days of leave.\n\t(4c)\tA skills and experience retention leave entitlement that is not taken within 5 years of the end of the financial year in which it accrues will be lost (and a sum equal to the monetary value of any entitlement that is lost will not be payable and clause 9 will apply subject to the operation of this subclause).\n\t(4d)\tThe regulations may—\n\t(a)\tprescribe a process for electing to convert an accrued entitlement to skills and experience retention leave to a monetary amount; and\n\t(b)\tfix different monetary amounts according to different classes or categories of employees.\n\t(5)\tIn this clause—\neffective service of an employee of a public sector agency means the period of the employee's continuous service in the employment of the public sector agency.\n8—Salary or wages and allowances while on long service leave\n\t(1)\tSubject to this clause, the regulations and any determinations of the Commissioner, the salary or wages to which an employee is entitled during long service leave is the salary or wages appropriate to the employee's remuneration level during that leave.\n\t(2)\tAn employee is, while on long service leave, entitled to receive, in addition to salary or wages, the allowances (if any) determined by the Commissioner.\n9—Payment in lieu of long service leave\n\t(1)\tThe Minister may, on application by a chief executive, and a public sector agency may, on application by an employee of the agency, authorise that the chief executive or employee be paid, in lieu of a period of long service leave to which the person has accrued an entitlement, an amount equal to the salary or wages and allowances (if any) that the person would have been entitled to receive during such a period of leave.\n\t(2)\tIf an employee of a public sector agency who is entitled to long service leave dies or ceases for any reason to be an employee of the agency, then—\n\t(a)\tin the case of death—the employee's personal representative; or\n\t(b)\tin the case of cessation of service for any other reason—the employee,\nmust be paid the salary or wages that would have been payable if the long service leave had commenced on the day of cessation of service.\n\t(3)\tIn determining a sum payable under this clause, no allowance may be made for an increase in salary or wages granted or payable after the date of the payment.\n9A—Related provision (retention leave entitlement)\n\t(1)\tIf a regulation under section 41 applies this Part to employment under another Act so as to provide for an entitlement constituted by a skills and experience retention leave entitlement, the regulation may modify the operation of that other Act to the extent necessary to provide consistency with the operation of this Part in relation to that entitlement.\n\t(2)\tA regulation under subclause (1) will have effect according to its terms and despite the provisions of any other Act.\n","sortOrder":12},{"sectionNumber":"Part 7","sectionType":"part","heading":"Adjustment to leave rights based on prior service","content":"Part 7—Adjustment to leave rights based on prior service\n10—Adjustment to leave rights based on prior service\nIf a person becomes an employee of a public sector agency within 3 months after ceasing to be—\n\t(a)\tan officer or employee of the Crown in right of this State, the Commonwealth or another State or a Territory of the Commonwealth; or\n\t(b)\tan officer or employee of a prescribed class,\nthen, for the purpose of determining the person's entitlement to recreation leave, sick leave or long service leave, the period of the person's service in that capacity is, to the extent determined by the Commissioner and subject to the conditions (if any) imposed by the Commissioner, to be counted as service or effective service for the purposes of this Act.\n","sortOrder":13},{"sectionNumber":"Part 8","sectionType":"part","heading":"Payments on death","content":"Part 8—Payments on death\n11—Payment in respect of leave on death\nDespite any other provisions of this Schedule, a public sector agency may, if of the opinion that it is appropriate to do so, direct that a sum payable in respect of leave on the death of an employee of the agency be paid to dependants of the employee and not to the personal representative.\n","sortOrder":14},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Special provisions relating to Tribunal","content":"Schedule 2—Special provisions relating to Tribunal\n1—Supplementary panel members\n\t(1)\tFor the purposes of section 18A of the South Australian Employment Tribunal Act 2014 there will be the following panels of supplementary panel members:\n\t(a)\ta panel of public sector employees nominated by the Commissioner for Public Sector Employment;\n\t(b)\ta panel of public sector employees nominated by public sector representative organisations.\n\t(2)\tThe Minister may, from time to time, invite public sector representative organisations to nominate employees to constitute a panel.\n\t(3)\tIf a public sector representative organisation fails to make a nomination in response to an invitation within the time allowed in the invitation, the Minister may choose public sector employees instead of nominees of the organisation and any employees so chosen are to be taken to have been nominated to the relevant panel.\n2—Constitution of Tribunal and other matters\n\t(1)\tIn exercising its powers for the purposes of this Act, SAET will, if the President of SAET so determines, be constituted by 3 members of whom—\n\t(a)\t1 will be selected from the panel of nominees of the Commissioner for Public Sector Employment by the President of SAET for the purpose of the proceedings; and\n\t(b)\t1 will be selected from the panel of nominees of public sector representative organisations for the purpose of the proceedings—\n\t(i)\tby the applicant for review; or\n\t(ii)\tif there are 2 or more applicants and they do not agree on the selection of a nominee—by the President of SAET.\n\t(2)\tA member of SAET who is a public sector employee is not subject to direction as an employee in respect of the performance of duties as a member of SAET.\n\t(3)\tSAET must endeavour to complete any review within 3 months and must, in any event, proceed as quickly as a proper consideration of the matter allows.\n","sortOrder":15},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"Transitional provisions","content":"Schedule 3—Transitional provisions\n","sortOrder":16},{"sectionNumber":"Part 2","sectionType":"part","heading":"Transitional provisions","content":"Part 2—Transitional provisions\n2—Administrative units continued as departments or attached offices\n\t(1)\tAt the commencement of this Act, the Public Service will consist of the administrative units continued as departments or attached offices by proclamation.\n\t(2)\tThe Governor may make a proclamation for the purposes of subclause (1).\n\t(3)\tA proclamation under this clause may assign the same or a new title to a department or attached office and, in the case of an attached office, attach the office to a department or departments.\n3—Public Service employees continue in same employment\n\t(1)\tA person (including a chief executive) employed in an administrative unit of the Public Service under the Public Sector Management Act 1995 immediately before the commencement of this Act continues to be employed in the same administrative unit with the same duties, subject to this Act.\n\t(2)\tA person (including a chief executive but excluding an executive within the meaning of the Public Sector Management Act 1995) employed under a contract under the Public Sector Management Act 1995 immediately before the commencement of this Act continues to be employed on the same contractual terms, subject to this Act.\n\t(3)\tThe following provisions apply to an employee who was an executive within the meaning of the Public Sector Management Act 1995 immediately before the commencement of this clause while the person remains employed in the public sector on a basis that is determined by the Commissioner to result in the employee being an executive employee:\n\t(a)\tdespite Part 7 Division 2, the conditions of the person's employment as an executive employee need not be made subject to a contract under that Division;\n\t(b)\tif the employee's conditions of employment were not, immediately before the commencement of this clause, subject to a contract under Part 7 Division 1 of the Public Sector Management Act 1995—\n\t(i)\tPart 7 Division 2 of this Act does not apply to the employee unless the employee becomes party to a contract of the kind required under Part 7 Division 2 of this Act; and\n\t(ii)\tuntil the employee becomes party to such a contract, the employee may resign by not less than 3 months notice in writing to the agency (unless notice of a shorter period is accepted by the agency);\n\t(c)\tif, immediately before the commencement of this clause, the employee's conditions of employment were subject to a contract under Part 7 Division 1 of the Public Sector Management Act 1995 and the employee was, if not reappointed, entitled to some other appointment in the Public Service on an ongoing basis—\n\t(i)\tthe employee continues to be employed on the same contractual terms and to have that same entitlement, subject to this Act; and\n\t(ii)\tPart 7 Division 2 of this Act does not apply to the employee unless the employee becomes party to a contract of the kind required under Part 7 Division 2 of this Act; and\n\t(iii)\tuntil the employee becomes party to such a contract, the employee may resign by not less than 3 months notice in writing to the agency (unless notice of a shorter period is accepted by the agency);\n\t(d)\tif, immediately before the commencement of this clause, the employee's conditions of employment were subject to a contract under Part 7 Division 1 of the Public Sector Management Act 1995 (the former Act contract) and the employee was, if not reappointed, entitled to some other appointment in the Public Service on a contractual basis—\n\t(i)\tthe employee continues to be employed on the same contractual terms and to have that same entitlement, subject to this Act; and\n\t(ii)\tPart 7 Division 2 of this Act does not apply to the employee for the balance of the term of the former Act contract and for the term of the contract relating to any such other appointment (in the event of such other appointment having been made) unless the employee becomes party to a contract of the kind required under Part 7 Division 2 of this Act;\n\t(e)\tif, immediately before the commencement of this clause, the employee's conditions of employment were subject to a contract under Part 7 Division 1 of the Public Sector Management Act 1995 (the former Act contract) and the employee was not, if not reappointed, entitled to some other appointment in the Public Service—\n\t(i)\tthe employee continues to be employed on the same contractual terms, subject to this Act; and\n\t(ii)\tPart 7 Division 2 of this Act does not apply to the employee for the balance of the term of the former Act contract unless the employee becomes party to a contract of the kind required under Part 7 Division 2 of this Act;\n\t(f)\tin the circumstances described in paragraphs (d) and (e), until the employee becomes party to a contract of the kind required under Part 7 Division 2 of this Act, the following provisions apply:\nA—Conditions of executive's employment\n\t(1)\tThe employment of a person as an executive employee of a public sector agency is to be subject to a contract made between the employee and the agency.\n\t(a)\tthat the employee is employed for a term not exceeding 5 years specified in the contract; and\n\t(b)\tthat the employee is to meet performance objectives as set from time to time by the agency.\n\t(3)\tSubject to the regulations, the contract may make any other provision considered appropriate, including provision excluding or modifying a provision of this Act.\n\t(4)\tThe decision whether to engage the employee for a further term must be made and notified to the employee not less than 3 months before the end of the employee's current term of employment.\nB—Resignation of executives\nAn executive employee of a public sector agency may resign by not less than 3 months notice in writing to the agency (unless notice of a shorter period is accepted by the agency).\nC—Termination of executive's employment by notice\n\t(1)\tA public sector agency may, by notice in writing, terminate the employment of an executive employee of the agency without specifying any grounds.\n\t(2)\tSubject to the contract relating to the employee's employment, if the employee's employment is terminated by the agency by notice under subclause (1), the employee is entitled to a termination payment of an amount equal to 3 months remuneration (at the rate determined for the purpose under the employee's contract) for each uncompleted year of the employee's employment (with a pro rata adjustment in relation to part of a year) up to a maximum of 12 months remuneration.\n\t(3)\tThe period of notice under subclause (1) must be at least 3 months except where the employee is compensated by payment of an amount equal to the remuneration that would have been payable during the balance of the period of 3 months (at the rate determined for the purpose under the employee's contract).\n\t(4)\tIf the employee's employment is terminated by notice under subclause (1) and the employee was, immediately before the commencement of this clause, entitled under section 36(3)(a) of the Public Sector Management Act 1995 to some other appointment in the Public Service in the event of termination of the employee's employment by notice under section 36(2) of the Public Sector Management Act 1995—\n\t(a)\tsubclauses (2) and (3) do not apply; and\n\t(b)\tsection 36(3) and (5) of the Public Sector Management Act 1995 apply as if those provisions continued in force.\n\t(5)\tThe power conferred by this clause is in addition to the power to terminate an executive employee's employment under section 54 of this Act.\n4—Probation continued\nA person employed on probation under the Public Sector Management Act 1995 immediately before the commencement of this Act continues to be employed on probation subject to this Act.\n5—Remuneration levels\nThe remuneration levels of positions occupied by employees in the Public Service under the Public Sector Management Act 1995 immediately before the commencement of this Act continue as the remuneration levels of the employees subject to this Act.\n6—Leave rights\nSubject to this Act, existing and accruing rights in respect of leave of employees continued in employment under this Act remain in full force and effect.\n7—Commissioner\nThe person appointed as Commissioner for Public Employment under the Public Sector Management Act 1995 immediately before the commencement of this Act continues as the Commissioner, on the same conditions of appointment, subject to this Act.\n8—Equal employment opportunity programs\nAn equal employment opportunity program under section 67 of the Public Sector Management Act 1995 immediately before the commencement of this Act continues as an employment opportunity program subject to this Act.\n9—Determinations and decisions continued\nA determination or decision made under a provision of the Public Sector Management Act 1995 and in force under the Public Sector Management Act 1995 immediately before the commencement of this Act continues in force subject to this Act as if made under the corresponding provision of this Act.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n Public Sector Act 2009\n23.7.2009\n1.2.2010 (Gazette 28.1.2010 p319) except Sch 3 cl 1 which will not be brought into operation\n Statutes Amendment (Budget 2010) Act 2010 as amended by 31/2011\n18.11.2010\nPt 11 (ss 62 & 64)—1.7.2011: s 2(2); ss 60, 61 & 63 were deleted by 31/2011 without coming into operation\n Statutes Amendment (Budget 2011) Act 2011\n4.8.2011\nPt 4 (ss 16 & 17)—20.10.2011 (Gazette 20.10.2011 p4270)\n Independent Commissioner Against Corruption Act 2012\n6.12.2012\nSch 3 (cl 71)—20.12.2012 (Gazette 20.12.2012 p5742)\n Statutes Amendment and Repeal (Budget 2012) Act 2012\n6.12.2012\nPt 10 (ss 32 & 33)—1.7.2012: s 2(2)\n Statutes Amendment (SACAT) Act 2014\n11.12.2014\nPt 12 (ss 132—137)—deleted by 59/2016 without coming into operation\n Planning, Development and Infrastructure Act 2016\n21.4.2016\nSch 6 (cl 24)—1.7.2019 (Gazette 27.6.2019 p2320)\n Statutes Amendment (SACAT) Amendment Act 2016\n Statutes Amendment (South Australian Employment Tribunal) Act 2016\nPt 18 (ss 128—135)—1.7.2017 (Gazette 16.5.2017 p1221)\n Public Interest Disclosure Act 2018\n15.11.2018\nSch 1 (cll 2 & 3)—1.7.2019 (Gazette 18.4.2019 p1070)\n Education and Children's Services Act 2019\n8.8.2019\nSch 1 (cl 12)—1.7.2020 (Gazette 11.6.2020 p3305)\n Statutes Amendment and Repeal (Budget Measures) Act 2021\n25.2.2021\nPt 11 (s 49)—10.10.2022 (Gazette 29.9.2022 p6255)\n Correctional Services (Accountability and Other Measures) Amendment Act 2021\n8.4.2021\nSch 1 (cl 1)—3.6.2021 (Gazette 3.6.2021 p1819)\n Public Sector (Ministerial Travel Reports) Amendment Act 2023\n7.12.2023\n7.12.2024: s 2\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\nPt 1\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\ns 3\n\ns 3(1)\n\ndecision\ninserted by 63/2016 s 128(1)\nIndustrial Relations Commission\ndeleted by 63/2016 s 128(2)\nPublic Sector Grievance Review Commission\ndeleted by 63/2016 s 128(3)\nSAET\ninserted by 63/2016 s 128(4)\nPt 3\n\ns 7\ndeleted by 26/2018 Sch 1 cl 2\ns 10A\ninserted by 14/2016 Sch 6 cl 24\nPt 3A\ninserted by 40/2023 s 3\n7.12.2024\nPt 4\n\ns 14\n\ns 14(1)\namended by 26/2018 Sch 1 cl 3\nPt 6\n\ns 25\n\ns 25(2)\namended by 52/2012 Sch 3 cl 71\n20.12.2012\n\n(j) deleted by 63/2016 s 129\n\namended by 19/2019 Sch 1 cl 12\n1.7.2020\n\namended by 5/2021 s 49\n10.10.2022\nPt 7\n\ns 49\n\ns 49(4)\namended by 63/2016 s 130\ns 58\n\ns 58(1) and (2)\namended by 63/2016 s 131\ns 59\n\ns 59(2)\namended by 12/2021 Sch 1 cl 1\n3.6.2021\ns 62\n\ns 62(1)—(4)\namended by 63/2016 s 132(1)\ns 62(4a) and (4b)\ninserted by 63/2016 s 132(2)\ns 62(5)\namended by 63/2016 s 132(1)\ns 62(8)\n\nappropriate review body\ndeleted by 63/2016 s 132(3)\ns 64\n\ns 64(1)\namended by 63/2016 s 133(1)\ns 64(2)\ndeleted by 63/2016 s 133(2)\nSch 1\n\ncl 7\n\ncl 7(1)\nsubstituted by 22/2010 s 62\ncl 7(1a)\ninserted by 54/2012 s 32(1)\ncl 7(2a)\ninserted by 54/2012 s 32(2)\ncl 7(4a)—(4d)\ninserted by 54/2012 s 32(3)\ncl 9A\ninserted by 54/2012 s 32(4)\nSch 2\nsubstituted by 63/2016 s 134\nSch 3\n\nPt 1\nomitted under Legislation Revision and Publication Act 2002\n\nThe Public Sector Management Act 1995 has been renamed the Public Sector (Honesty and Accountability) Act 1995 by the Statutes Amendment (Public Sector Consequential Amendments) Act 2009. Schedule 3 clause 1 repealing the Act will not be brought into operation.\n\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment (Budget 2010) Act 2010\n64—Transitional provisions\n\t(1)\tThe amendment to Schedule 1 of the Public Sector Act 2009 made by this Part does not affect an entitlement to long service leave or payment in lieu of long service leave that accrues before 1 July 2011 and, in relation to an employee who has, before that date, completed at least 15 years of service, any completed month of effective service occurring before that date for which long service leave has not yet accrued will be taken to give rise to an entitlement to 1.25 days of long service leave for each such month (but, subject to that entitlement and from that date, long service leave for the balance of that particular year of effective service will accrue at the rate of 0.75 days for each completed month of service).\n\t(2)\tThe Governor may, by proclamation, declare that a specified provision of an enterprise agreement that relates to a particular class of public sector employees and provides for an entitlement to long service leave or payment in lieu of long service leave that is inconsistent with the standard set by subclause (1) of clause 7 of Schedule 1 of the Public Sector Act 2009 (as enacted by this Act) no longer applies from 1 July 2011.\n\t(3)\tA proclamation under subsection (2)—\n\t(a)\tmay make transitional or ancillary provisions that may be necessary or expedient in the circumstances; and\n\t(b)\twill have effect according to its terms.\nStatutes Amendment and Repeal (Budget 2012) Act 2012\n33—Transitional provisions\n\t(1)\tIn this section—\neffective service has the same meaning as under clause 7 of Schedule 1 of the principal Act;\nemployee means a person to whom clause 7 of Schedule 1 of the principal Act applies but does not include a person who is excluded from an entitlement to skills and experience retention leave on account of regulations made under section 41 of the principal Act;\nprincipal Act means the Public Sector Act 2009.\n\t(2)\tAn employee who—\n\t(a)\tduring the 2011/2012 financial year has, or attains, 15 years of effective service; and\n\t(b)\tis an employee on 1 July 2012,\nwill qualify for an additional skills and experience retention leave entitlement under clause 7 of Schedule 1 of the principal Act equal to ⅙ working days leave for each month of effective service completed during that financial year (being service as a long‑term employee within the meaning of subclause (1a) of clause 7 of Schedule 1 of the principal Act as enacted by this Act).\n\t(3)\tSubclause (4c) of clause 7 of Schedule 1 of the principal Act as enacted by this Act applies subject to the qualification that no skills and experience retention leave entitlement will be lost under that subclause before 1 July 2018.\n\t(4)\tIf—\n\t(a)\ta regulation under section 41 of the principal Act applies Part 6 of Schedule 1 of the principal Act to any persons so as to provide for an entitlement constituted by a skills and experience retention leave entitlement; or\n\t(b)\ta regulation is made under clause 9A of Schedule 1 of the principal Act (as enacted by this Act) in conjunction with a regulation referred to in paragraph (a); or\n\t(c)\ta regulation is made under section 41 of the principal Act so as to exclude a class of persons from an entitlement to skills and experience retention leave,\nthe regulation may, if the regulation so provides, take effect from 1 July 2012 (even if the enactment of this section, and the making of the regulation, occurs after that date).\n\t(5)\tThe Governor may, by proclamation, make other transitional or ancillary provisions that may be necessary or expedient in connection with the provision of an entitlement to skills and experience retention leave under the principal Act or this section.\nStatutes Amendment (South Australian Employment Tribunal) Act 2016\n135—Transitional provisions\n\t(1)\tIn this section—\nprincipal Act means the Public Sector Act 2009;\nPSGRC means the Public Sector Grievance Review Commission;\nrelevant day means the day on which this Part comes into operation;\nTribunal means the South Australian Employment Tribunal.\n\t(2)\tA right to apply to PSGRC for a review of a decision under the principal Act in existence before the relevant day (and not exercised before that day) will be exercised as if this Part had been in operation before that right arose, so that the relevant proceedings may be commenced instead before the Tribunal.\n\t(3)\tNothing in this section affects any proceedings before PSGRC commenced before the relevant day.\n\t(4)\tThe Governor may, when the Governor thinks it is appropriate to do so, by proclamation, dissolve PSGRC.\n\t(5)\tWhen a proclamation is made under subsection (4) any member of PSGRC, or member of a panel constituted for the purposes of PSGRC, holding office at the time of the making of the proclamation will cease to hold office and any contract of employment, agreement or arrangement relating to the office held by that member is terminated by force of this subsection at the same time (and no right of action will arise against a Minister or the State on account of that termination).\n\t(6)\tA decision, direction or order of the Industrial Relations Commission of South Australia under the principal Act in force immediately before the relevant day will, on and from the relevant day, be taken to be a decision, direction or order of the Tribunal.\n\t(7)\tA right to make any application or referral, or to seek a review, with respect to any matter in existence before the relevant day, with the effect that the relevant proceedings would have been commenced before the Industrial Relations Commission of South Australia under the principal Act will be exercised as if this Part had been in operation before the right arose, so that the relevant proceedings may be commenced instead before the Tribunal.\n\t(8)\tAny proceedings before the Industrial Relations Commission of South Australia under the principal Act immediately before the relevant day will, subject to such directions as the President of the Tribunal thinks fit, be transferred to the Tribunal where they may proceed as if they had been commenced before that Tribunal.\n\t(9)\tThe Tribunal may—\n\t(a)\treceive in evidence any transcript of evidence in proceedings before the Industrial Relations Commission, and draw any conclusions of fact from that evidence that appear proper; and\n\t(b)\tadopt any findings or determinations of the Industrial Relations Commission that may be relevant to proceedings before the Tribunal; and\n\t(c)\tadopt or make any decision (including a decision in the nature of a determination), direction or order in relation to proceedings before the Industrial Relations Commission before the relevant day (including so as to make a decision or determination, or a direction or order, in relation to proceedings fully heard before the relevant day); and\n\t(d)\ttake other steps to promote or ensure the smoothest possible transition from 1 jurisdiction to another in connection with the operation of this section.\nHistorical versions\n\n20.12.2012\n\n1.7.2020\n\n3.6.2021\n\n10.10.2022\n\n","sortOrder":17}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":907},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has expanded beyond its original 2009 scope through multiple amendments. Most significantly: (1) Part 3A on Ministerial travel reporting was added in 2023, creating transparency obligations for political officeholders that weren't in the original public sector employment framework; (2) the 2012 amendments introduced 'skills and experience retention leave' — a novel long service leave variant; (3) the 2016 SACAT amendments transferred review functions from the Public Sector Grievance Review Commission to the South Australian Employment Tribunal; and (4) the 2019 amendment excluded Education and Children's Services employees, narrowing coverage. The Act now regulates both traditional employment matters and political accountability mechanisms."},"complexity_factors":["Extensive cross-referencing with other Acts (Fair Work Act 1994, South Australian Employment Tribunal Act 2014, Education and Children's Services Act 2019, etc.)","Multiple employment categories with different rules (ongoing, term, casual, executive, SAES, chief executives)","Nested conditional logic in termination and disciplinary provisions (e.g., section 54 requires prior Commissioner consultation and reasonable endeavours to redeploy)","Detailed transitional provisions in Schedule 3 preserving rights from repealed legislation","Complex leave calculations including 'skills and experience retention leave' with tiered accrual rates and use-it-or-lose-it rules","Multiple review pathways with different thresholds (internal review, SAET, Fair Work Commission)","Ministerial discretion powers subject to quasi-judicial independence carve-outs (sections 10, 10A, 33)","27 defined terms in section 3(1) alone, with additional definitions scattered throughout"],"plain_english_summary":"**What this Act does:**\n\nThis is South Australia's main law governing how the public sector works — essentially, the rules for employing and managing people who work for the State Government.\n\n**Key things it covers:**\n\n- **Who's in charge:** Creates a **Commissioner for Public Sector Employment** — an independent officer who issues the code of conduct, sets employment rules, and investigates misconduct.\n\n- **The Public Service:** Establishes **departments** and **attached offices** as the building blocks of government, each run by a **chief executive** employed on performance-based contracts.\n\n- **How people get hired:** Jobs must generally be filled through **merit-based selection** (picking the best person for the job, not favourites). There are rules for ongoing, fixed-term, and casual employment.\n\n- **Standards of behaviour:** All public sector workers must follow a **code of conduct** covering honesty, avoiding conflicts of interest, and treating people fairly.\n\n- **Performance and accountability:** Agencies must run performance reviews, report annually to Parliament, and pursue whole-of-Government objectives.\n\n- **Employment conditions:** Detailed rules for pay, probation (up to 12 months for new hires), disciplinary action, suspension, and termination — including special protections against unfair dismissal.\n\n- **Leave entitlements:** Comprehensive provisions for recreation leave, sick leave, and long service leave (including a special \"skills and experience retention leave\" for long-serving staff).\n\n- **Review rights:** Employees can challenge employment decisions (except dismissals, which go to the Fair Work system) through internal review and then to the **South Australian Employment Tribunal (SAET)**.\n\n- **Ministerial accountability:** Requires Ministers and Opposition leaders to **report on official travel** outside South Australia, including costs and purposes.\n\n- **The South Australian Executive Service (SAES):** A senior leadership group with its own charter, designed to develop high-performing executives who can move between agencies.\n\n**Who it affects:**\nAnyone employed by the South Australian Government — from frontline staff to department heads — plus those who interact with government services. It doesn't cover police, judges, teachers, or certain other roles specified in the Act.\n\n**Why it matters:**\nThis Act tries to ensure the public sector is professional, ethical, and efficient — while also protecting workers' rights and giving them ways to challenge unfair treatment."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative content was retrieved. The document provided is a '404 Page Not Found' error from the SA Legislation website, containing no substantive legal text from the Public Sector Act 2009."},"complexity_factors":["No legislative text was returned — the source document is a website error page, not actual legislation","Complexity cannot be meaningfully assessed without access to the Act's content","Score of 1 reflects the simplicity of the error page itself, not the underlying Act"],"plain_english_summary":"**No legislation content could be retrieved.**\n\nThe link provided for the *Public Sector Act 2009* (South Australia) returned a **404 Page Not Found** error from the SA Legislation website. This appears to be caused by a broken or outdated hyperlink following a website update on 24 March 2026.\n\n**What this means for you:** No analysis of the actual Act can be provided because the legislative text was not returned — only an error page. To access the *Public Sector Act 2009*, try:\n- Visiting [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly and searching for the Act by name\n- Updating any saved bookmarks created before 24 March 2026\n- Emailing the Office of Parliamentary Counsel at OPCWeb@sa.gov.au to report the broken link"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's operational scope has been altered since enactment by multiple amendments and transitional provisions. Notable scope changes in the source text include replacement of earlier grievance bodies by the South Australian Employment Tribunal (see ss58,62 and Schedule 2 amendments 2016), modifications to long‑service and retention leave accruals (Schedule 1 amendments 2010, 2012), and the addition of Part 3A requiring public reporting of certain official travel by prescribed persons (inserted by 2023 amendment). The regulations and proclamations powers (ss41,81 and various proclamation powers in Part 6) also permit extension or restriction of the Act to other public sector employment, so the practical coverage can be varied administratively as well as legislatively."},"complexity_factors":["Broad scope covering governance, employment terms, discipline, leave, transfers and reporting across many types of public sector entities","Multiple decision‑makers with overlapping powers (Premier, Ministers, Commissioner, chief executives, employing authorities)","Extensive delegation and discretion powers (Commissioner delegations s20; Minister delegations s75; regulations may exempt or modify provisions s81)","Commissioner powers to issue binding employment determinations and a code of conduct (ss14–16) that can vary employment conditions","Interaction and cross‑reference with external regimes and tribunals (Fair Work Act 1994 application s58; SAET review procedures ss62,64; Schedule 2 tribunal composition)","Detailed definitions and exclusion lists (interpretation s3; Public Service exclusions s25) creating classification complexity","Complex leave and accrual rules in Schedule 1 including special retention leave accrual and conversion provisions (Sch 1 cl 7 and related amendments)","Transitional provisions and many post‑enactment amendments that change operation over time (Schedule 3; legislative history)","Investigatory and enforcement mechanisms with mixed sanctions (Commissioner investigative powers s18; offence and penalty provisions)","Regulation‑making and proclamation mechanisms that can substantially alter application (s81; Premier/Governor proclamations under Parts 6 and 7)"],"plain_english_summary":"This Act creates a single legal framework for employment, management and governance across South Australia's public sector. It sets who holds key roles (Commissioner, chief executives, SAES), how people are hired, transferred, disciplined, paid and given leave, and requires agency and certain Ministerial overseas travel reports. It matters because State agencies fund salaries and travel, selection and reporting rules constrain agency and official behaviour, and considerable discretion is given to the Premier, Ministers and the Commissioner to make directives, determinations and exemptions."}},"importantCases":[],"_links":{"self":"/api/acts/public-sector-act-2009","history":"/api/acts/public-sector-act-2009/history","analysis":"/api/acts/public-sector-act-2009/analysis","conflicts":"/api/acts/public-sector-act-2009/conflicts","importantCases":"/api/acts/public-sector-act-2009/important-cases","documents":"/api/acts/public-sector-act-2009/documents"}}