What it does
The Government Sector Employment Regulation 2014 is subordinate legislation made under the Government Sector Employment Act 2013 (the Act). Its primary function is to supply the operational machinery that the Act’s high-level framework leaves to regulation. In plain terms it translates the Act’s statements of principle into enforceable, day-to-day prescriptions for recruitment, conditions of employment, leave, allowances, mobility between agencies, workforce diversity reporting and the termination of senior executive contracts.
Part 1 contains preliminary machinery: definitions (cl 3), notification requirements for decisions (cl 4), prescription of additional statutory bodies as “government sector agencies” for limited purposes (cl 5), application of misconduct and suspension provisions to NSW Police Force administrative employees (cl 6), exclusion of certain rail entities from unsatisfactory performance rules (cl 6A), and authorised delegates under s 81(2) of the Act (cl 6B).
Part 2 deals with Public Service employment. Division 1 prohibits outside paid work without agency-head permission (cl 7), authorises rent deductions from salary (cl 8), mandates immediate written reporting of serious criminal charges or convictions (cl 9) and of bankruptcy or arrangements with creditors (cl 10). Clause 10A creates a light-touch regime for overseas trade employees in two specified departments, permitting departure from merit rules and delegation limits. Clause 10B exempts certain private-to-public transfers from Part 3 of the Government Sector Employment (General) Rules 2014 where the agency head is satisfied of suitability after checks.
Division 2 sets general conditions of employment (subject to industrial instruments): public holidays (cl 12), absence-from-duty rules with automatic deduction of pay for unexplained absence (cl 13), incremental progression tied to performance and conduct (cl 14), and a detailed fitness-for-duty regime allowing the agency head to direct medical or health assessments on advice from a nominated medical assessor (cl 15). Division 3 deals with leave. Clause 16 applies Schedule 1’s extended leave scale to most Public Service employees. Clause 17 applies the leave provisions of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 to senior executives and non-covered non-executives. Clause 18 preserves and monetises accrued leave when a non-executive becomes a senior executive.