This Regulation sets detailed workplace rules for employees across NSW government agencies—defining who is covered, prescribing leave, allowances, secondments, and termination/repayment mechanics, and imposing reporting and outside‑work rules. It concentrates discretion with agency heads and certain central officers, creates narrow exceptions and special employee classes, and affects take‑home pay, recruitment pathways and compliance burdens. It matters because it governs everyday employment decisions and financial liabilities across the public sector.
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.
Current sections
Direct links to the current provisions in Government Sector Employment Regulation 2014.
This Regulation commences on 24 February 2014 and is required to be published on the NSW legislation website.
3
Definitions
3 Definitions
3 Definitions
(1) In this Regulation—
agency head means—
(a) in relation to a Public Service employee—the head of the Public Service agency in which the employee is employed, or
(b) in relation to an employee of a government sector agency other than a Public Service agency—the head of that agency.
Note.
Section 3 of the Act provides that the head of any such government sector agency that is not a Public Service agency is the person who exercises employer functions in relation to the employees concerned. Accordingly, the following are relevant agency heads—
(a) the Teaching Service—the Secretary of the Department of Education and Communities,
(b) the NSW Police Force—the Commissioner of Police,
(c) the NSW Health Service—the Secretary of the Ministry of Health,
(d) the Transport Service of New South Wales—the Secretary of the Department of Transport.
employer of a Health Service senior executive means the person who, in accordance with section 116 of the Health Services Act 1997, exercises employer functions in relation to the executive.
government sector employee means a person who is employed in a government sector agency.
Health Secretary means the Secretary of the Ministry of Health.
Health Service senior executive means a person employed in the NSW Health Service as a NSW Health Service senior executive.
Industrial Relations Secretary has the same meaning as in section 49 of the Act.
NSW Police Force senior executive means a person employed in the NSW Police Force as a NSW Police Force senior executive.
Public Service non-executive employee means an employee referred to in Division 5 of Part 4 of the Act.
Public Service senior executive means the Secretary of a Department and any other Public Service employee to whom Division 4 of Part 4 of the Act applies.
(1) Any decision by a relevant person under this Regulation is to be published or notified in such manner as the person considers necessary in order to bring the decision to the notice of the government sector employees to whom it applies.
(2) In this clause—
relevant person means any of the following—
(a) the Public Service Commissioner,
(b) the Industrial Relations Secretary,
(c) the head of a government sector agency.
5
Statutory bodies included as part of the government sector for certain purposes
5 Statutory bodies included as part of the government sector for certain purposes
5 Statutory bodies included as part of the government sector for certain purposes
(1) Each of the following is prescribed as a government sector agency for the purposes of section 16 of the Act (Provision of reports and information by agencies)—
(a) a State owned corporation,
(b) a university referred to in clause 34 (but only in relation to the provision of reports and information relating to workforce diversity).
(2) For the purposes of section 16 of the Act—
(a) the head of a body referred to in subclause (1) (a) is the person holding office as the chief executive (however described) of the body, and
(b) the head of any such university is the Vice Chancellor of the university.
(3) The following State owned corporations are prescribed for the purposes of paragraph (g) of the definition of government sector in section 3 (1) of the Act but only in relation to section 73 of the Act (Appointment to position in government sector not affected by additional appointment)—
(a) Landcom,
(b) Water NSW.
This subclause does not limit the operation of subclause (1) to the extent that it applies to those State owned corporations.
cl 5: Am 2014 (123), cl 3; 2014 No 74, Sch 3.11.
6
Application of certain provisions of Act to administrative employees of NSW Police Force
6 Application of certain provisions of Act to administrative employees of NSW Police Force
6 Application of certain provisions of Act to administrative employees of NSW Police Force
The part of the NSW Police Force comprising administrative employees under the Police Act 1990 is prescribed as a government sector agency for the purposes of the following provisions of the Act—
(a) section 69 (Misconduct—Public Service and other prescribed government sector employees),
(b) section 70 (Suspension of employees from duty pending decision in relation to misconduct, criminal charge or corrupt conduct).
cl 6: Am 2017 (579), Sch 1 [2].
6A
Government sector agencies excluded from section 68 of the Act
6A Government sector agencies excluded from section 68 of the Act
6A Government sector agencies excluded from section 68 of the Act
The following government sector agencies are excluded from section 68 of the Act (Unsatisfactory performance of government sector employees)—
(a) Rail Corporation New South Wales,
(b) Sydney Trains,
(c) NSW Trains.
cl 6A: Ins 2016 (404), Sch 1 [1].
6B
Delegations
6B Delegations
6B Delegations
For the Act, section 81(2), definition of authorised person, the following persons are authorised persons—
Employees not to undertake other paid work without permission
7 Employees not to undertake other paid work without permission
7 Employees not to undertake other paid work without permission
(1) A Public Service employee is not to undertake any other paid work without the permission of the agency head.
(2) This clause does not apply to a person who is—
(a) employed in casual employment, or
(b) working part-time,
during the period that the person is not required to perform duties in the Public Service, but only if the performance of those duties is not adversely affected and no conflict of interest arises.
8
Deductions for rent in certain cases
8 Deductions for rent in certain cases
8 Deductions for rent in certain cases
(1) If a Public Service employee is allowed to use, for residential purposes, any premises belonging to the Government, the Industrial Relations Secretary may direct that a fair and reasonable sum as rent for the premises be deducted from the salary of the employee.
(2) In giving any such direction, the Industrial Relations Secretary is to either fix the amount of rent to be deducted or specify a person by whom the amount of rent to be deducted is to be fixed.
(3) If a Public Service employee is allowed to use, for residential purposes, any premises or any land vested in or managed by the Teacher Housing Authority of New South Wales, an amount fixed by that Authority in respect of rent is to be deducted from the salary of the employee and paid to that Authority.
(4) This clause is subject, in the case of a Public Service senior executive, to the contract of employment of the executive.
(5) In this clause, rent includes payment for board and lodging.
9
Reporting charges and convictions for serious offences
9 Reporting charges and convictions for serious offences
9 Reporting charges and convictions for serious offences
(1) A Public Service employee who is charged with, or is convicted of, a serious offence must immediately report that fact in writing to the agency head.
(2) If the manager of a Public Service employee has reason to believe that the employee—
(a) has been charged with, or has been convicted of, a serious offence, and
(b) has not reported the matter to the agency head,
the manager must immediately inform the agency head in writing that the manager has reason to believe that the employee has been charged with, or has been convicted of, the serious offence.
(3) If the employee required to report under subclause (1) is the head of a Public Service agency, subclause (1) applies as if references to the agency head were references to a Minister to whom the agency is responsible.
(4) In this clause—
convicted of an offence includes being found guilty of the offence without the court proceeding to a conviction.
manager of a Public Service employee means the manager of the branch or other part of the Public Service agency in which the employee is employed.
serious offence has the same meaning as in section 69 of the Act.
10
Employee to report bankruptcy etc
10 Employee to report bankruptcy etc
10 Employee to report bankruptcy etc
(1) If a Public Service employee (other than a person employed in casual employment) becomes bankrupt or makes a composition, arrangement or assignment for the benefit of the employee’s creditors, the employee must—
(a) immediately notify the agency head in writing of the bankruptcy, composition, arrangement or assignment, and
(b) within such period as the agency head specifies, provide the agency head with such further information with respect to the cause of the bankruptcy or of the making of the composition, arrangement or assignment as the agency head requires.
(2) If any such employee is the head of a Public Service agency, subclause (1) applies as if references to the agency head were references to a Minister to whom the agency is responsible.
(3) An agency head may, as a condition of the engagement of a person in a role in the Public Service agency relating to financial management in the agency, require the person to declare, before the person is engaged in that role, whether or not the person has at any time been declared bankrupt or made a composition, arrangement or assignment for the benefit of the person’s creditors.
10A
Overseas trade employees
10A Overseas trade employees
10A Overseas trade employees
(1) In this clause—
overseas trade employee means a person who—
(a) is employed in either of the following departments (a relevant Department) to work in the area of international trade and investment—
(i) the Department of Creative Industries, Tourism, Hospitality and Sport,
(ii) the Premier’s Department, and
(b) ordinarily resides and works in a country other than Australia while so employed.
(2) The employment under the Act of an overseas trade employee is subject to such arrangements as may be determined by the Secretary of the relevant Department in respect of the employee.
(3) Any arrangements determined by a Secretary under this clause in respect of an overseas trade employee—
(a) may be specified in the employee’s contract of employment, and
(b) prevail to the extent of any inconsistency with any other provision of this Regulation or the government sector employment rules.
(4) An overseas trade employee who is a Public Service non-executive employee may be employed under a written contract of employment signed by the employee and by the Secretary of the relevant Department.
(5) Persons may be employed as overseas trade employees without compliance with the government sector employment rules on merit-based employment. However, any decision to employ a person as an overseas trade employee must be based on the person’s appropriateness for the role concerned having regard to the nature of the role and the person’s qualifications, skills and experience.
(6) Any limitation under the government sector employment rules on the power of the Secretary of the relevant Department to delegate his or her functions under the Act does not apply in respect of those functions to the extent that they relate to overseas trade employees.
cl 10A: Ins 2015 (810), Sch 2. Am 2023 (319), sec 3(1); 2024 (236), Sch 1[2]–[4].
10B
Exemption for transfer of employees from private operator—the Act, s 88
10B Exemption for transfer of employees from private operator—the Act, s 88
10B Exemption for transfer of employees from private operator—the Act, s 88
(a) the person is employed by a private entity that is engaged to exercise a function or manage or operate a service on behalf of the NSW Government, and
(b) the private entity will cease to exercise the function or manage or operate the service, and
(c) the agency head is satisfied that the person is suitable for the role.
(2) For subclause (1)(c) and without limiting the paragraph, the agency head—
(a) must consider the person’s employment history and conduct after conducting appropriate checks, and
(b) may require that the person complete one or more assessments, any of which may be an interview.
cl 10B: Ins 2024 (485), Sch 1.
Division 2
General conditions of employment
Division 2 General conditions of employment
Division 2 General conditions of employment
11
Application of Division
11 Application of Division
11 Application of Division
The provisions of this Division are subject to any State industrial instrument.
12
Public holidays
12 Public holidays
12 Public holidays
A Public Service employee is entitled to be absent from duty on the following days unless the employee is required to attend for duty by the agency head or by a person authorised by the agency head—
(a) a day that is a public holiday throughout the State,
(b) a day (or part of a day) that is a public holiday under the Public Holidays Act 2010 in that part of the State at or from which the employee is working,
(c) a day between Boxing Day and New Year’s Day determined by the agency head.
13
Absence from duty
13 Absence from duty
13 Absence from duty
(1) A Public Service employee must not be absent from duty unless reasonable cause is shown.
(2) If a Public Service employee is absent from duty because of illness or other emergency, the employee must, as soon as practicable, provide an explanation for the absence.
(3) If the Public Service employee fails to provide that explanation to the satisfaction of the agency head, the agency head is to cause to be deducted from the pay of the employee the amount paid to the employee for the period of absence.
(4) This clause does not prevent any other action being taken under section 69 of the Act in relation to a Public Service employee who is absent from duty without authorised leave.
14
Increments
14 Increments
14 Increments
(1) The payment to any Public Service employee of an increment in accordance with any State industrial instrument or determination by the Industrial Relations Secretary under section 52 of the Act is, unless otherwise provided by the instrument or determination, to be made only with the prior approval of the agency head.
(2) The payment of an increment to a Public Service employee (including any decision by the agency head to accelerate the progression of an employee through the increment scale applying to the employee) is subject to—
(a) performance requirements under the agency’s performance management system, and
(b) the satisfactory conduct of the employee as determined by the agency head.
(3) The agency’s performance management system is to set out the criteria for the payment of an increment in relation to performance.
(4) Until such time as the agency head is satisfied that such criteria are set out in the agency’s performance management system or until 1 July 2015 (whichever is the sooner), the payment of an increment to an employee is subject to the satisfactory performance of duties by, and the satisfactory conduct of, the employee as determined by the agency head.
(5) The payment of an increment may be deferred from time to time, but may not be deferred for more than 12 months at any one time.
(6) A Public Service employee must be promptly notified in writing by the agency head of any decision to defer payment of an increment. The notice must include the reasons for the decision.
(7) This clause does not apply to Public Service senior executives.
15
Fitness for duty
15 Fitness for duty
15 Fitness for duty
(1) For the purposes of this clause, a Public Service employee is not fit for duty if the health of the employee—
(a) may render the employee a risk to the health and safety of other Public Service employees or the general public, or
(b) is likely to be seriously affected by the employee remaining on duty or, if the employee is absent from duty, by the employee resuming duty.
(2) If the agency head has reason to believe that a Public Service employee is not fit for duty, the agency head may direct the employee to submit to such medical examination or other health assessment as the agency head may, on the advice of a nominated medical assessor, consider necessary.
(3) A Public Service employee to whom an agency head gives a direction under subclause (2)—
(a) must, if on duty, cease duty immediately, and
(b) must not resume duty until the completion of the medical examination or other health assessment concerned unless the concurrence of a nominated medical assessor is first obtained or a certificate is furnished by a medical practitioner that the employee is fit for duty.
(4) If the agency head receives a health assessment from a nominated medical assessor that a Public Service employee is fit for duty and the employee is absent from duty, the agency head is to direct in writing that the employee must resume duty.
(5) If the agency head receives a health assessment from a nominated medical assessor that a Public Service employee is not fit for duty—
(a) the agency head is to direct in writing that the employee must cease duty immediately or, if absent from duty, must not resume duty, and
(b) the employee must not resume duty unless the agency head, on the advice of a nominated medical assessor, approves the resumption of duty in writing.
(6) If a direction has been given to a Public Service employee under subclause (4) or (5), the nature of the leave, if any, to be granted to the employee during the absence from duty is to be determined by the agency head after consideration of any relevant advice of the nominated medical assessor.
(7) The agency head is to give the health care professional providing a health assessment of a Public Service employee under this clause any requested information about the employment of the employee that is reasonably required for the purpose of providing the assessment.
(8) In this clause—
nominated medical assessor means a person or body, or a person who is a member of a class of persons, nominated by the Public Service Commissioner for the purposes of this clause.
Division 3
Leave
Division 3 Leave
Division 3 Leave
16
Extended leave entitlements
16 Extended leave entitlements
16 Extended leave entitlements
Schedule 1 applies to Public Service employees other than persons employed in casual employment. This clause is subject to Schedule 4 to the Act.
Note.
Under transitional provisions in clause 9 of Schedule 4 to the GSE Act, Schedule 1 to this Regulation does not apply to certain groups of staff to whom the general Public Service extended leave entitlements did not apply under the former Act. Schedule 1 also applies to members of the Transport Service (see section 68Q (2) of the Transport Administration Act 1988 and clause 12 of Schedule 4 to the GSE Act).
cl 16: Am 2017 (274), Sch 1 [2].
17
Other leave entitlements for senior executives and certain other employees
17 Other leave entitlements for senior executives and certain other employees
17 Other leave entitlements for senior executives and certain other employees
(1) This clause applies to—
(a) Public Service senior executives, and
(b) Public Service non-executive employees whose entitlement to leave is not subject to a State industrial instrument.
(2) The provisions of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 that relate to leave are taken to apply to a Public Service employee to whom this clause applies and any such employee is entitled to leave in accordance with that award subject to any conditions or limitation set out in that award as if the employee were covered by that award.
(3) This clause is subject to Schedule 4 to the Act.
cl 17: Am 2016 (404), Sch 1 [2].
18
Accrued leave of non-executive employees who become Public Service senior executives
18 Accrued leave of non-executive employees who become Public Service senior executives
18 Accrued leave of non-executive employees who become Public Service senior executives
(1) This clause applies to a person who, immediately before being employed as a Public Service senior executive, was employed as a Public Service non-executive employee.
(2) If the person—
(a) had a right to accrued extended or annual leave with pay immediately before being employed as a Public Service senior executive, and
(b) has not taken that leave before taking up duties as the executive,
the person is entitled, on taking up those duties, to be paid instead of that leave (or any part of that leave) the money value of that leave (or part) as a gratuity if the person so elects.
(3) An election under this clause is to be made within the time and in the manner determined by the head of the Public Service agency in which the person is to be employed as a Public Service senior executive.
(4) The money value of leave is to be calculated at the rate of pay of the person immediately before employment as a Public Service senior executive.
(5) A person who was employed in the public sector when employed as a Public Sector senior executive retains any right to extended, annual, sick or other leave accrued or accruing to the person immediately before the employment as a Public Sector senior executive (except any accrued leave which is paid out by a gratuity under subclause (2)).
(6) A reference in this clause to employment in the public sector has the same meaning as it has for the purposes of section 41 of the Act.
Division 4
Allowances
Division 4 Allowances
Division 4 Allowances
19
Application of Division
19 Application of Division
19 Application of Division
The provisions of this Division are subject to any State industrial instrument.
Note.
Other allowances are set out in the Crown Employees (Public Service Conditions of Employment) Award 2009.
20
Allowance for temporary assignments to higher non-executive roles
20 Allowance for temporary assignments to higher non-executive roles
20 Allowance for temporary assignments to higher non-executive roles
(1) A Public Service non-executive employee who is temporarily assigned by the agency head under the government sector employment rules to another non-executive role in the agency is entitled to be paid an allowance under this clause if the other role is at a higher classification of work than the employee’s current classification of work.
(2) Subject to this clause, the amount of the allowance to be paid to the employee who is temporarily assigned to another role is the difference between the salary of the employee’s usual role and the point in the salary range of the other role that the agency head determines is appropriate having regard to the employee’s capabilities, knowledge and experience.
(3) The amount of the allowance to be paid is proportionate to the duties to be performed by the employee in the other role and is to be determined by the agency head before the employee starts the temporary assignment.
(4) An allowance under this clause is not to be paid—
(a) for a temporary assignment to another role that is for a single period of less than 5 ordinary working days (except where the agency head otherwise determines), or
(b) in the case where the temporary assignment is for a period of less than 3 months—for any unbroken period of leave of more than 5 ordinary working days taken by the employee during the temporary assignment.
(5) Subclause (4) (a) does not prevent an allowance being paid under this clause to an employee who works part-time.
21
Allowance for temporary assignments to executive roles
21 Allowance for temporary assignments to executive roles
21 Allowance for temporary assignments to executive roles
(1) Non-executives assigned to executive roles A Public Service non-executive employee who is temporarily assigned by the agency head under the government sector employment rules to an executive role in the agency is entitled to be paid an allowance.
(2) Subject to this clause, the amount of the allowance to be paid under subclause (1) is the difference between the salary of the person’s usual role and the notional salary of the executive role to which the person is temporarily assigned.
(3) Executives assigned to higher executive roles A Public Service senior executive who is temporarily assigned by the agency head under the government sector employment rules to an executive role that is—
(a) in a band higher than the band in which the executive is employed, or
(b) in the same band in which the executive is employed but at a higher remuneration point within that band,
is entitled to be paid an allowance.
(4) Subject to this clause, the amount of the allowance to be paid under subclause (3) is the difference between the total amount of the executive’s remuneration package and the total amount of the remuneration package for the executive role to which the executive is temporarily assigned that corresponds to a point, as determined by the agency head for the purposes of the temporary assignment, within the remuneration range for that executive role.
(5) General provisions The amount of an allowance to be paid under this clause is proportionate to the duties to be performed by the person in the other role and is to be determined by the agency head before the person starts the temporary assignment.
(6) An allowance under this clause is not to be paid—
(a) for a temporary assignment to another role for a single period of less than 5 ordinary working days (except where the agency head otherwise determines), or
(b) in the case where the temporary assignment is for a period of less than 3 months—for any unbroken period of leave of more than 5 ordinary working days taken by the person during the temporary assignment.
(7) Subclause (6) (a) does not prevent an allowance being paid under this clause to a person who works part-time.
(8) In this clause—
agency head in relation to a Public Service senior executive means the employer of the executive if the employer is not otherwise the agency head.
executive role means the role of Public Service senior executive.
notional salary in relation to an executive role to which a non-executive employee is temporarily assigned means the total amount of the remuneration package that corresponds to a point, as determined by the agency head for the purposes of the temporary assignment, within the remuneration range for the executive role, less the superannuation guarantee amount payable in respect of a person employed in the executive role at that remuneration point.
superannuation guarantee amount means the minimum amount payable to a superannuation fund or scheme in respect of a person that is sufficient to avoid an individual superannuation guarantee shortfall, within the meaning of the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth, in respect of the person.
22
Allowance for secondments
22 Allowance for secondments
22 Allowance for secondments
A Public Service employee who is seconded under section 64 of the Act to another Public Service agency is entitled to be paid an allowance at the same rate as the employee would be entitled under clause 20 or 21 had the secondment been a temporary assignment for which an allowance is payable under those clauses.
23
Payment where allowance not adequate or available
23 Payment where allowance not adequate or available
23 Payment where allowance not adequate or available
(1) If the agency head is satisfied that, but for this clause, the actual expenses properly and reasonably incurred by a Public Service employee in the performance of official duties—
(a) are not adequately covered by an allowance to which the employee is entitled under this Regulation, or
(b) are not covered by any allowance payable under this Regulation or under any State industrial instrument,
the employee is to be paid an allowance equivalent to the amount of those additional expenses or the amount of those expenses (as the case requires).
(2) An allowance is not payable under this clause unless the employee produces official receipts for the expenses incurred by the employee.
(3) An allowance under this clause may be reduced if it exceeds without good cause any limit approved in advance by the agency head for the expenses concerned.
Part 3
Employment in Public Service and other government sector agencies
Part 3 Employment in Public Service and other government sector agencies
Part 3 Employment in Public Service and other government sector agencies
24
Repayment of severance or redundancy payments for non-executives on re-employment in public sector: section 88 (3) of Act
24 Repayment of severance or redundancy payments for non-executives on re-employment in public sector: section 88 (3) of Act
24 Repayment of severance or redundancy payments for non-executives on re-employment in public sector: section 88 (3) of Act
(1) A government sector employee who receives a severance or redundancy payment because of a cessation of employment is not to be employed in the public sector during the period to which the payment relates unless arrangements have been made for a refund of the proportionate amount of the payment.
(2) The proportionate amount of a payment to be refunded is to be calculated on the basis of the number of weeks (if any) that remain as part of the period to which the payment relates.
(3) In this clause—
employment of a former government sector employee in the public sector includes—
(a) engagement of the former employee as a consultant or contractor to the employer, and
(b) engagement of the former employee through a labour hire arrangement with the employer, and
(c) engagement of a company or partnership that provides the services of the former employee to the employer, and
(d) the appointment of the person to a statutory office.
public sector means the government sector, the service of a State owned corporation (or a subsidiary), any service in which persons excluded from the Act by section 5 of the Act are employed or a statutory office.
(4) This clause does not apply to any of the following—
(a) Public Service senior executives,
(b) Health Service senior executives,
(c) Transport Service senior executives and Transport Service senior managers,
(d) NSW Police Force senior executives.
Note.
In the case of Public Service senior executives, see section 41 (3) of the Act and clause 39 of this Regulation.
In the case of Health Service senior executives, see section 121H (3) of the Health Services Act 1997 and clause 41 of this Regulation.
In the case of Transport Service senior executives and senior managers, see section 68N (3) of the Transport Administration Act 1988 and clause 44 of this Regulation.
In the case of NSW Police Force senior executives, see section 41 (2) of the Police Act 1990 and clause 46 of this Regulation.
(1) If a person who is employed in a government sector agency (the incumbent employee) notifies the person’s employer in writing that the person—
(a) intends to resign or retire from the employment on a specified date, or
(b) does not intend to seek re-employment on completion of the current term of employment,
the employer may, before the person ceases to be employed, take action to recruit and employ another person (the new employee) in that employment.
(2) The employment of the new employee may, if the instrument of employment so provides, take effect before the incumbent employee ceases to be employed.
(3) In any such case, the incumbent employee and the new employee—
(a) are both employed in the same role or position, and
(b) may jointly exercise the functions of that role or position.
(4) If in the joint exercise of any statutory function of that role or position any inconsistency arises in connection with the exercise of that function, the decision of the incumbent employee in relation to the matter prevails.
25A
Transfer of services to non-government sector—no severance or redundancy payments if comparable employment offered or not applied for
25A Transfer of services to non-government sector—no severance or redundancy payments if comparable employment offered or not applied for
25A Transfer of services to non-government sector—no severance or redundancy payments if comparable employment offered or not applied for
(1) A person whose employment in a government sector agency ceases as a result of the transfer to a non-government sector body of any of the services provided by the agency is not entitled to any severance or redundancy payment for that cessation of employment if—
(a) the person is offered employment by the non-government sector body that is comparable with the person’s employment as a government sector employee, or
(b) the person fails to apply for any such comparable employment that has been notified to the person as being available.
(2) For the purposes of subclause (1), employment by a non-government sector body (the new employment) is comparable with the person’s employment as a government sector employee (the former employment) if—
(a) the person’s prior service in the government sector is recognised for the purposes of the new employment, and
(b) the work to be performed by the person under the new employment is similar to the work performed by the person under the former employment, and
(c) the terms of any industrial instrument or agreement (however described) applying to the new employment are substantially similar to, and (when considered on an overall basis) no less favourable than, the terms of any government sector industrial instrument that applied to the former employment, and
(d) the new employment does not involve an unreasonable increase in the person’s journey to work.
(3) To avoid doubt, subclause (1) does not create an entitlement to any severance or redundancy payment.
(4) Subclause (1) is subject to any State industrial instrument and to clause 39.
(4A) Subclause (1) does not apply in relation to a person whose employment in a government sector agency is to cease as a result of the transfer to a non-government sector body of any of the services provided by the agency if—
(a) the non-government sector body was selected before 1 January 2015 by the Government of New South Wales, as a result of a process for the formation of a public-private partnership, to provide those services, and
(b) the transfer is not authorised by or under an Act, and
(c) the transfer was not completed before the commencement of this subclause.
(5) In this clause—
government sector industrial instrument means any of the following—
(c) a determination made under any Act fixing conditions of employment of government sector employees.
non-government sector body means any of the following—
(a) a private sector entity (including a not-for-profit sector entity),
(b) a local council,
(c) a State owned corporation,
(d) a public authority or government agency of the Commonwealth or of another State or Territory.
services provided by an agency include functions exercised by the agency.
cl 25A: Ins 2016 (324), Sch 1. Am 2017 (567), cl 3.
26
Definition
26 Definition
26 Definition
In this Division—
cessation of employment includes cessation of employment by resignation, retirement or otherwise.
27
State industrial instruments
27 State industrial instruments
27 State industrial instruments
This Division applies in addition to any State industrial instrument.
28
Recognition of prior service for extended leave
28 Recognition of prior service for extended leave
28 Recognition of prior service for extended leave
Schedule 2 applies to government sector employees.
29
Annual leave
29 Annual leave
29 Annual leave
(1) A government sector employee who ceases to be employed in a government sector agency and immediately commences employment in another government sector agency may elect—
(a) to be paid the whole or part of the money value of the employee’s accrued annual leave, or
(b) to retain the entitlement to that accrued annual leave.
Note.
The right to cash out leave is, in the case of a Public Service employee, subject to the award requirement to take 10 days of annual leave each year.
(2) A government sector employee who elects to retain the entitlement to accrued annual leave is taken to have, on commencing employment in the other government sector agency, the amount of accrued annual leave to which the employee was entitled immediately before the end of his or her previous employment. This leave is in addition to any annual leave which accrues after that commencement.
(3) For the purpose of calculating an entitlement under this clause, the money value of accrued annual leave owing to a Public Service senior executive is to be determined on the basis of the person’s notional salary.
(4) In this clause—
accrued annual leave means annual leave owing to a government sector employee (but not taken), and includes any such leave accrued because of the operation of this clause.
notional salary, in relation to a Public Service senior executive, means the total amount of the remuneration package for the person as last determined before the time of payment, less the superannuation guarantee amount payable in respect of the person.
superannuation guarantee amount means the minimum amount payable to a superannuation fund or scheme in respect of a person that is sufficient to avoid an individual superannuation guarantee shortfall, within the meaning of the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth, in respect of the person.
30
Sick leave
30 Sick leave
30 Sick leave
(1) A government sector employee who ceases to be employed in a government sector agency and immediately commences employment in another government sector agency is taken to have, on commencing that employment, the amount of accrued sick leave to which the employee was entitled before that commencement. This leave is in addition to any sick leave which accrues after that commencement.
(2) The eligibility of a government sector employee for sick leave that includes any period of accrued sick leave is to be determined in accordance with the conditions relating to the granting of sick leave in the employee’s current employment.
(3) In this clause—
accrued sick leave means the amount of sick leave to which the employee would have been entitled in the event of illness, and includes any such leave accrued because of the operation of this clause.
31
Maternity leave etc
31 Maternity leave etc
31 Maternity leave etc
(1) This clause applies for the purposes of determining whether a government sector employee who ceases to be employed in a government sector agency and immediately commences employment in another government sector agency is entitled to maternity leave, partner leave, adoption leave or any other leave (other than extended leave) for which a condition of eligibility is a minimum period of service.
(2) For the purposes of determining a government sector employee’s entitlement to leave referred to in this clause—
(a) service with the employee’s previous employer is taken to be service with the employee’s current employer, if the previous employment was in another government sector agency and if that period of service was continuous with the employee’s current employment, and
(b) service with any other former employers is taken to be service with the person’s current employer, if the service was in other government sector agencies and the periods of service with those agencies were continuous with each other and the employee’s previous employment in a government sector agency.
(3) Except as provided by this clause, the eligibility of a government sector employee for leave referred to in this clause is to be determined in accordance with the conditions applying to that leave in the employee’s current employment.
(4) A reference in this clause to service with a previous or former employer extends to include a reference to any such service before 24 February 2014.
32
Access to forfeited sick leave—transitional arrangements
32 Access to forfeited sick leave—transitional arrangements
32 Access to forfeited sick leave—transitional arrangements
(1) If a government sector employee is eligible for sick leave for any absence from duty but has exhausted his or her sick leave entitlement, the employee’s employer may grant to the employee any of the employee’s forfeited sick leave as sick leave for the absence.
(2) An employee’s forfeited sick leave is the total amount of sick leave that the employee ceased to be entitled to up to 13 October 1995, being sick leave that he or she would presently be entitled to had clause 30 been in force from when the employee was first employed in a government sector agency.
(3) Once any period of a government sector employee’s forfeited sick leave has been granted as sick leave under this clause, it is no longer regarded as forfeited sick leave for the purposes of any further grant of sick leave to the employee under this clause (whether by the same or a different employer).
(4) In determining whether or not a government sector employee is entitled to sick leave, all the employee’s entitlements to sick leave are to be taken into account, including special sick leave and sick leave to which the employee is entitled by operation of clause 30.
(5) The Commissioner may provide guidance to government sector employers as to the circumstances in which, and the matters to be taken into account in determining whether, forfeited sick leave should or should not be granted as sick leave under this clause.
33
Funding of leave entitlements
33 Funding of leave entitlements
33 Funding of leave entitlements
The Treasurer may give directions requiring the transfer of funds between government sector employers for the purpose of making due allowance and appropriate adjustments for liabilities incurred by reason of the operation of this Division and Schedule 1, or liabilities with respect to extended or long service leave.
34
Prescribed agencies for purposes of workforce diversity
34 Prescribed agencies for purposes of workforce diversity
34 Prescribed agencies for purposes of workforce diversity
The following universities are prescribed for the purposes of the definition of government sector agency in section 63 of the Act—
(a) Charles Sturt University,
(b) Macquarie University,
(c) Southern Cross University,
(d) University of New England,
(e) University of New South Wales,
(f) University of Newcastle,
(g) University of Sydney,
(h) University of Technology Sydney,
(i) Western Sydney University,
(j) University of Wollongong.
cl 34: Am 2015 No 15, Sch 4.3; 2016 No 27, Sch 3.
35
Secondments to staff of political office holders
35 Secondments to staff of political office holders
35 Secondments to staff of political office holders
staff of a political office holder means the group of staff who are employed by the political office holder under Part 2 of the Members of Parliament Staff Act 2013.
(2) A government sector employee may, at the request of the employee, be seconded to the staff of a political office holder by agreement between the head of the agency in which the person is employed and the political office holder.
(3) Any such agreement is to set out the following—
(a) the period of the secondment,
(b) the financial responsibilities relating to the employee’s entitlements,
(c) the procedure to be followed on completion of the secondment,
(d) the circumstances in which the secondment may be terminated and the form of notice to be given to terminate the secondment before the end of the agreed period of secondment.
(4) A copy of the agreement must be provided to the seconded employee.
(5) The political office holder to whose staff an employee is seconded under this clause is responsible for ensuring that the employee is assigned a suitable role while seconded to that office.
(6) The seconded employee is, while seconded to the staff of a political office holder under this clause, subject to the conditions of employment applying to the members of that staff under Part 2 of the Members of Parliament Staff Act 2013.
(7) Any annual leave accrued by the seconded employee in the service of a government sector agency may be taken while on secondment to the staff of a political office holder.
(8) On completion of the secondment, the seconded employee—
(a) retains any rights to leave accrued by the person while on secondment, and
(b) is entitled to return to the government sector agency from which the employee was seconded at the same work level at which the person was employed immediately before being seconded.
(9) The period of a person’s secondment under this clause is, for the purposes of calculating the person’s extended leave entitlements as a government sector employee, taken to be a period of employment in the government sector agency from which the person was seconded.
(10) Despite any other provision of this clause, the secondment of a government sector employee to the staff of a political office holder may be terminated at any time by the political office holder.
(11) A political office holder may delegate to a member of the political office holder’s staff any of the office holder’s functions under this clause.
(12) The chief executive of a local health district or specialty network governed health corporation (within the meaning of the Health Services Act 1997) may not be seconded to the staff of a political office holder under this clause without the concurrence of the Health Secretary.
(13) The reference in subclause (2) to the head of the agency in which a person is employed is, in the case where the person is a Health Service senior executive, taken to be a reference to the employer of the executive.
cl 35: Am 2016 (725), Sch 1 [3].
Part 4
Additional provisions relating to Public Service senior executives
Part 4 Additional provisions relating to Public Service senior executives
Part 4 Additional provisions relating to Public Service senior executives
36
Contract of employment—additional matters to be dealt with in contract
36 Contract of employment—additional matters to be dealt with in contract
36 Contract of employment—additional matters to be dealt with in contract
The following matters are prescribed for the purposes of section 39 (4) (i) of the Act—
(a) matters relating to confidentiality and intellectual property,
(b) capability-based assessments,
(c) matters of an administrative or ancillary nature that, in the opinion of the Commissioner, are necessary or convenient to be dealt with in the contract of employment.
37
Election to be paid money value of accrued leave
37 Election to be paid money value of accrued leave
37 Election to be paid money value of accrued leave
A Public Service senior executive may elect at any time to be paid the whole or part of the money value of the executive’s accrued annual or extended leave.
Note.
The right to cash out leave is subject to the award requirement (as applied by clause 17) to take 10 days of annual leave each year.
38
Allowances for Public Service senior executives
38 Allowances for Public Service senior executives
38 Allowances for Public Service senior executives
(1) Subject to section 40 (3) of the Act and this clause, a Public Service senior executive is entitled to be paid—
(a) such travelling and subsistence allowances, and
(b) such allowances in relation to reasonable relocation expenses (whether at the time of being selected for the executive role or during the term of the executive’s employment), and
(c) such other allowances in relation to expenses incurred in the discharge of the executive’s duties,
as the executive’s employer may from time to time determine in respect of the executive.
(2) The payment of an allowance determined by the employer in respect of a Public Service senior executive is subject to any determination by the Public Service Commissioner as to the circumstances in which an allowance of that kind may be paid and the amount of the allowance.
cl 38: Am 2016 No 2, Sch 5.3 [1] [2].
39
Compensation for termination of employment and calculation of proportionate amount to be refunded on re-employment in public sector
39 Compensation for termination of employment and calculation of proportionate amount to be refunded on re-employment in public sector
39 Compensation for termination of employment and calculation of proportionate amount to be refunded on re-employment in public sector
(1) The contract of employment of a Public Service senior executive is to provide for the payment of the following compensation to the executive on the termination of the executive’s employment by the employer—
(a) if the employment is terminated under section 41 of the Act during or at the end of any period of probation imposed as a condition of the executive’s engagement—an amount equal to the executive’s remuneration package for a period of 4 weeks,
(b) if the employment is otherwise terminated under section 41 of the Act—an amount equal to the executive’s remuneration package for a period of 38 weeks or for the period remaining on the term of the contract (whichever is the lesser),
(c) if the employment is terminated under section 68 of the Act for unsatisfactory performance—an amount equal to the executive’s remuneration package for a period of 13 weeks.
(2) No compensation is payable if the executive’s employment is terminated under section 69 of the Act for misconduct.
(3) The proportionate amount of a payment to be refunded under section 41 (3) of the Act is to be calculated on the basis of the number of weeks (if any) that remain as part of the period to which the payment relates.
(4) The amount of compensation payable in accordance with this clause to a Public Service senior executive on the termination of the executive’s employment by the employer is, in the case of a senior executive who is employed part-time, to be calculated on a pro-rata basis.
Part 5
Additional provisions relating to Health Service senior executives
Part 5 Additional provisions relating to Health Service senior executives
Part 5 Additional provisions relating to Health Service senior executives
pt 5: Ins 2016 (725), Sch 1 [4].
40
Contract of employment—additional matters to be dealt with in contract
40 Contract of employment—additional matters to be dealt with in contract
40 Contract of employment—additional matters to be dealt with in contract
The following matters are prescribed for the purposes of section 39 (4) (i) of the Act in relation to Health Service senior executives—
(a) matters relating to confidentiality and intellectual property,
(b) capability-based assessments,
(c) matters of an administrative or ancillary nature that, in the opinion of the Health Secretary, are necessary or convenient to be dealt with in the contract of employment.
cl 40: Ins 2016 (725), Sch 1 [4].
41
Compensation for termination of employment (except for misconduct) and calculation of proportionate amount to be refunded on re-employment in public sector
41 Compensation for termination of employment (except for misconduct) and calculation of proportionate amount to be refunded on re-employment in public sector
41 Compensation for termination of employment (except for misconduct) and calculation of proportionate amount to be refunded on re-employment in public sector
(1) The contract of employment of a Health Service senior executive is to provide for the payment of the following compensation to the executive on the termination of the executive’s employment by the employer of the executive—
(a) if the employment is terminated under section 121H of the Health Services Act 1997 (except for misconduct) during or at the end of any period of probation imposed as a condition of the executive’s engagement—an amount equal to the executive’s remuneration package for a period of 4 weeks,
(b) if the employment is otherwise terminated under section 121H of the Health Services Act 1997 (except for misconduct)—an amount equal to the executive’s remuneration package for a period of 38 weeks or for the period remaining on the term of the contract (whichever is the lesser),
(c) if the employment is terminated under section 68 of the Act for unsatisfactory performance—an amount equal to the executive’s remuneration package for a period of 13 weeks.
(2) No compensation is payable if the Health Service senior executive’s employment is terminated under section 121H of the Health Services Act 1997 for misconduct.
(3) The proportionate amount of a payment to be refunded under section 121H (3) of the Health Services Act 1997 is to be calculated on the basis of the number of weeks (if any) that remain as part of the period to which the payment relates.
(4) The amount of compensation payable in accordance with this clause to a Health Service senior executive on the termination of the executive’s employment by the employer is, in the case of a senior executive who is employed part-time, to be calculated on a pro-rata basis.
cl 41: Ins 2016 (725), Sch 1 [4]. Am 2017 (274), Sch 1 [4] [5].
42
Accrued leave of non-executive employees who become Health Service senior executives
42 Accrued leave of non-executive employees who become Health Service senior executives
42 Accrued leave of non-executive employees who become Health Service senior executives
(1) This clause applies to a person who, immediately before being employed as a Health Service senior executive, was employed in the NSW Health Service otherwise than as a Health Service senior executive.
(2) If the person—
(a) had a right to accrued extended or annual leave with pay immediately before being employed as a Health Service senior executive, and
(b) has not taken that leave before taking up duties as the executive,
the person is entitled, on taking up those duties, to be paid instead of that leave (or any part of that leave) the money value of that leave (or part) as a gratuity if the person so elects.
(3) An election under this clause is to be made within the time and in the manner determined by the employer of the Health Service senior executive.
(4) The money value of leave is to be calculated at the rate of pay of the person immediately before employment as a Health Service senior executive.
(5) A person who was employed in the public sector when employed as a Health Service senior executive retains any right to extended, annual, sick or other leave accrued or accruing to the person immediately before the employment as a Health Service senior executive (except any accrued leave which is paid out by a gratuity under subclause (2)).
(6) A reference in this clause to employment in the public sector has the same meaning as it has for the purposes of section 41 of the Act.
cl 42: Ins 2016 (725), Sch 1 [4].
Part 6
Additional provisions relating to Transport Service senior executives and senior managers
Part 6 Additional provisions relating to Transport Service senior executives and senior managers
Part 6 Additional provisions relating to Transport Service senior executives and senior managers
pt 6 (cll 43, 44): Ins 2017 (274), Sch 1 [6].
43
Additional matters to be dealt with in contract of employment of Transport Service senior executives
43 Additional matters to be dealt with in contract of employment of Transport Service senior executives
43 Additional matters to be dealt with in contract of employment of Transport Service senior executives
The following matters are prescribed for the purposes of section 39 (4) (i) of the Act in relation to Transport Service senior executives—
(a) matters relating to confidentiality and intellectual property,
(b) capability-based assessments,
(c) matters of an administrative or ancillary nature that, in the opinion of the Transport Secretary, are necessary or convenient to be dealt with in the contract of employment.
pt 6 (cll 43, 44): Ins 2017 (274), Sch 1 [6].
44
Calculation of proportionate amount of compensation to be refunded on re-employment in public sector
44 Calculation of proportionate amount of compensation to be refunded on re-employment in public sector
44 Calculation of proportionate amount of compensation to be refunded on re-employment in public sector
The proportionate amount of compensation to be refunded under section 68N (3) of the Transport Administration Act 1988 is to be calculated on the basis of the number of weeks (if any) that remain as part of the period to which the compensation relates.
pt 6 (cll 43, 44): Ins 2017 (274), Sch 1 [6].
Part 7
Additional provisions relating to NSW Police Force senior executives
Part 7 Additional provisions relating to NSW Police Force senior executives
Part 7 Additional provisions relating to NSW Police Force senior executives
pt 7(cll 45, 46): Ins 2017 (579), Sch 1 [5].
45
Contract of employment—additional matters to be dealt with in contract
45 Contract of employment—additional matters to be dealt with in contract
45 Contract of employment—additional matters to be dealt with in contract
The following matters are, for the purposes of section 38 (3) (h) of the Police Act 1990, prescribed under section 39 (4) (i) of the Act in relation to NSW Police Force senior executives—
(a) matters relating to confidentiality and intellectual property,
(b) capability-based assessments,
(c) matters of an administrative or ancillary nature that, in the opinion of the Commissioner of Police, are necessary or convenient to be dealt with in the contract of employment.
pt 7(cll 45, 46): Ins 2017 (579), Sch 1 [5].
46
Compensation for termination of employment and calculation of proportionate amount to be refunded on re-employment in public sector
46 Compensation for termination of employment and calculation of proportionate amount to be refunded on re-employment in public sector
46 Compensation for termination of employment and calculation of proportionate amount to be refunded on re-employment in public sector
(1) The contract of employment of a NSW Police Force senior executive is to provide for the payment of the following compensation to the executive on the termination of the executive’s employment—
(a) if the employment is terminated under section 40 of the Police Act 1990 during or at the end of any period of probation imposed as a condition of the executive’s engagement—an amount equal to the executive’s remuneration package for a period of 4 weeks,
(b) if the employment is otherwise terminated under section 40 of the Police Act 1990—an amount equal to the executive’s remuneration package for a period of 38 weeks or for the period remaining on the term of the contract (whichever is the lesser),
(c) if the employment is terminated under section 68 of the Act for unsatisfactory performance—an amount equal to the executive’s remuneration package for a period of 13 weeks.
Note.
Section 68 of the Act does not apply to police officers.
(2) No compensation is payable if the NSW Police Force senior executive’s employment is terminated for misconduct.
(3) The proportionate amount of a payment to be refunded under section 41 (2) of the Police Act 1990 is to be calculated on the basis of the number of weeks (if any) that remain as part of the period to which the payment relates.
(4) The amount of compensation payable in accordance with this clause to a NSW Police Force senior executive on the termination of the executive’s employment is, in the case of an executive who is employed part-time, to be calculated on a pro-rata basis.
pt 7(cll 45, 46): Ins 2017 (579), Sch 1 [5].
Schedule 1
Public Service extended leave entitlements
Schedule 1 Public Service extended leave entitlements
Schedule 1 Public Service extended leave entitlements
(Clause 16)
Note.
See clause 16 of the Regulation for provisions relating to the application of this Schedule.
Schedule 2
Government sector employees extended leave entitlements—recognition of prior government service
Schedule 2 Government sector employees extended leave entitlements—recognition of prior government service
Schedule 2 Government sector employees extended leave entitlements—recognition of prior government service
(Clause 28)
sch 2: Am 2014 No 33, Sch 2.17; 2016 (404), Sch 1 [4].
Schedule 3
Schedule 3
Schedule 3 (Repealed)
sch 3: Rep 2015 No 15, Sch 6.
Schedule 4
Additional savings, transitional and other provisions
Schedule 4 Additional savings, transitional and other provisions
Schedule 4 Additional savings, transitional and other provisions
sch 4: Am 2017 (580), Sch 1.
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of Regulation
1 Name of Regulation
1 Name of Regulation
This Regulation is the Government Sector Employment Regulation 2014.
2 Commencement
2 Commencement
2 Commencement
This Regulation commences on 24 February 2014 and is required to be published on the NSW legislation website.
3 Definitions
3 Definitions
3 Definitions
(1) In this Regulation—
agency head means—
(a) in relation to a Public Service employee—the head of the Public Service agency in which the employee is employed, or
(b) in relation to an employee of a government sector agency other than a Public Service agency—the head of that agency.
Note.
Section 3 of the Act provides that the head of any such government sector agency that is not a Public Service agency is the person who exercises employer functions in relation to the employees concerned. Accordingly, the following are relevant agency heads—
(a) the Teaching Service—the Secretary of the Department of Education and Communities,
(b) the NSW Police Force—the Commissioner of Police,
(c) the NSW Health Service—the Secretary of the Ministry of Health,
(d) the Transport Service of New South Wales—the Secretary of the Department of Transport.
employer of a Health Service senior executive means the person who, in accordance with section 116 of the Health Services Act 1997, exercises employer functions in relation to the executive.
former Act means the Public Sector Employment and Management Act 2002.
government sector employee means a person who is employed in a government sector agency.
Health Secretary means the Secretary of the Ministry of Health.
Health Service senior executive means a person employed in the NSW Health Service as a NSW Health Service senior executive.
Industrial Relations Secretary has the same meaning as in section 49 of the Act.
Division 4 governs allowances for higher duties (cll 20–21), secondments (cl 22) and reimbursement of expenses not covered by existing allowances (cl 23).
Part 3 extends selected rules to the broader government sector. Clause 24 requires repayment of proportionate redundancy or severance payments on re-employment in the public sector (with carve-outs for executives). Clause 25 permits back-to-back recruitment before an incumbent departs. Clause 25A removes severance entitlement where comparable non-government employment is offered or not applied for. Division 2 recognises prior service for annual, sick, maternity and extended leave when employees move between government sector agencies (cll 28–31), preserves access to pre-1995 forfeited sick leave (cl 32) and authorises Treasurer directions for funding adjustments (cl 33). Division 3 prescribes ten named universities for workforce-diversity reporting (cl 34). Division 4 regulates secondments to Ministers’ and political office holders’ staff, requiring formal agreements, return rights and recognition of secondment period for extended leave (cl 35).
Parts 4–7 contain executive-specific overlays. Part 4 requires senior executive contracts to address confidentiality, intellectual property and capability assessments (cl 36), permits election to cash out annual or extended leave (cl 37), sets travelling, relocation and other allowances (cl 38) and prescribes termination compensation bands—4 weeks on probation, 38 weeks or balance of term (whichever lesser) on ordinary termination, 13 weeks for unsatisfactory performance—while excluding compensation for misconduct (cl 39). Parallel regimes appear for Health Service senior executives (Part 5, cll 40–42), Transport Service senior executives (Part 6, cll 43–44) and NSW Police Force senior executives (Part 7, cll 45–46), each adapting the compensation and contract-content rules to their governing statutes.
Schedule 1 supplies the detailed extended-leave accrual table: 2 months per 10 years for the first decade, 5 months per decade thereafter, with pro-rata entitlements on termination for illness or no-fault reasons after 5 years, payment in lieu on death or termination, and complex deduction rules for leave already taken on full, half or double pay. Schedule 2 recognises prior continuous service in other government sector agencies, Commonwealth or interstate agencies, related government service and full-time Australian Defence Force service for extended-leave purposes, with detailed “continuous” and “immediately follows” definitions and anti-double-counting provisions. Schedules 3 and 4 contain repealed and transitional provisions respectively, preserving pre-2014 inquiries, recruitment actions, eligibility lists, probationary appointments, excess-employee processes and EEO plans.
Collectively the Regulation therefore does three things: (1) it fleshes out the Act’s skeleton with prescriptive conditions of employment; (2) it creates mobility and recognition mechanisms that prevent loss of accrued entitlements on transfer; and (3) it tailors high-stakes rules for senior executives whose contracts are at-will in many respects but protected by fixed compensation caps.
Who it affects
The Regulation’s reach is deliberately wide. The central definition in cl 3(1) of “government sector employee” means any person employed in a government sector agency. That term, by cross-reference to s 3(1) of the Act, includes the Public Service, the Teaching Service, NSW Police Force (other than the NSW Police Force senior executive), NSW Health Service, Transport Service, and certain State-owned corporations and statutory bodies when prescribed.
Within that population the Regulation distinguishes:
Public Service non-executive employees (Division 5 of Part 4 of the Act) who receive the bulk of the conditions in Part 2.
Public Service senior executives (Secretaries and those to whom Division 4 of Part 4 applies) who are subject to contract-based rules in Part 4, cash-out rights (cl 37), special allowance calculations (cl 21) and capped termination payments (cl 39).
Health Service senior executives, Transport Service senior executives and senior managers, and NSW Police Force senior executives, each of whom benefit from parallel but statute-specific regimes in Parts 5–7.
Overseas trade employees employed in international trade areas of the Department of Creative Industries, Tourism, Hospitality and Sport or the Premier’s Department who reside and work abroad; they may be engaged on contracts that prevail over the Regulation (cl 10A).
Administrative employees of the NSW Police Force who are brought within misconduct and suspension provisions (cl 6).
Employees moving between government sector agencies who rely on cll 28–33 and Schedule 2 for portability of leave.
Employees seconded to political office holders under cl 35, who are subject to the Members of Parliament Staff Act 2013 conditions while on secondment but retain return rights and extended-leave accrual.
Vice-Chancellors and chief executives of prescribed universities and State-owned corporations who must supply workforce-diversity data (cl 5 and cl 34).
Agency heads (defined in cl 3(1) by reference to employer functions) bear the bulk of the decision-making and notification obligations. The Industrial Relations Secretary, Public Service Commissioner and certain Ministers exercise residual powers. Dependants of deceased employees are entitled to payout of accrued extended leave (Sch 1 cl 5). Private-sector operators whose services are transferred to the non-government sector and whose staff are offered comparable employment lose severance rights under cl 25A.
In short, virtually every person on the NSW government payroll, and every organisation that employs them, is touched. The Regulation is not limited to “public servants” in the narrow sense; its tentacles extend to rail operators (excluded from cl 68), universities (for diversity reporting only), Landcom, Water NSW and staff of political office holders.
Key duties and rights
Employee duties are scattered but emphatic. A Public Service employee must not undertake paid outside work without agency-head permission (cl 7(1)), must report serious offences immediately in writing (cl 9(1)), must notify bankruptcy or creditor arrangements and supply further information if required (cl 10(1)), must not be absent without reasonable cause and must explain illness or emergency absences (cl 13), must submit to medical or health assessments when directed (cl 15(3)), and must produce receipts for expense claims (cl 23(2)). Senior executives are additionally bound by contract terms on confidentiality and intellectual property (cl 36(a)).
Employee rights are more voluminous. They include:
Entitlement to public holidays and an agency-head-determined day between Boxing Day and New Year’s Day (cl 12).
Incremental progression subject only to performance and conduct (cl 14).
Protection against arbitrary fitness-for-duty directions; the agency head must act on nominated-medical-assessor advice and the employee regains the right to resume duty only on clear medical clearance (cl 15).
Extended leave on a sliding scale set out in Schedule 1: 2 months per 10 years for the first decade, 5 months per decade thereafter, with pro-rata after 5 years on no-fault termination (Sch 1 cll 2–3).
Portability of annual, sick, maternity and extended leave when moving between government sector agencies (cll 29–31).
Recognition of prior continuous service in Commonwealth, interstate and related government agencies for extended leave (Sch 2 cl 6).
Higher-duties allowances for temporary assignments to non-executive or executive roles, calculated on the difference between current salary and the appropriate point in the higher range, subject to 5-working-day minimums (cll 20–21).
Cash-out of accrued annual or extended leave for senior executives (cl 37) and, in limited cases, for non-executives on transfer (cl 29).
Fixed compensation on termination: 4 weeks (probation), up to 38 weeks or balance of term (ordinary termination), 13 weeks (unsatisfactory performance) for senior executives across all four sectors (cll 39, 41, 46).
Return rights after secondment to political offices at the same work level (cl 35(8)).
Agency-head duties include publishing or notifying decisions (cl 4), approving increments only where performance criteria are met (cl 14), directing and funding medical assessments (cl 15(7)), determining the nature of leave during fitness absences (cl 15(6)), fixing rent deductions (cl 8), and ensuring workforce diversity planning (s 63 of the Act read with cl 34). Employers must also fund leave liabilities via Treasurer directions (cl 33) and calculate redundancy refunds on a weekly pro-rata basis (cl 24(2)).
The Industrial Relations Secretary’s role in rent deductions (cl 8) and the Public Service Commissioner’s nomination of medical assessors (cl 15(8)) add layers of central control.
Penalties and enforcement
The Regulation itself contains no offence-creating provisions or direct monetary penalties. Enforcement occurs through the Act’s disciplinary suite. Section 69 of the Act (misconduct) applies to Public Service and prescribed government sector employees; cl 6 extends it expressly to NSW Police Force administrative staff. Misconduct can include breach of cl 7 (outside work), cl 9 (failure to report charges), cl 10 (bankruptcy) or cl 13 (unexplained absence). Sanctions range from reprimand to termination without compensation (cl 39(2), cl 41(2), cl 46(2)).
Unsatisfactory performance is dealt with under s 68 of the Act, but cl 6A excludes Rail Corporation New South Wales, Sydney Trains and NSW Trains. Fitness-for-duty non-compliance can lead to cessation of duty and pay deduction (cl 15(3)–(5)).
Industrial enforcement occurs via the Industrial Relations Commission under the Industrial Relations Act 1996 for award-covered conditions. Breach of contract by a senior executive may trigger the compensation caps rather than common-law damages. Recovery of overpaid increments or unentitled allowances is effected by salary deduction or debt recovery. Repayment of redundancy payments on re-employment (cl 24) is a statutory debt; failure to refund can be set off against new salary.
The Public Service Commissioner and agency heads possess wide discretionary powers whose exercise is amenable to judicial review for legal error, but the Regulation’s “reasonableness” tests (e.g. cl 23(3)) give agencies substantial latitude.
How it interacts with other laws
The Regulation is expressly subject to State industrial instruments (cll 11, 19, 27). Where an award or agreement is more beneficial, it prevails. It constantly cross-references the Act: definitions in s 3, misconduct (s 69), suspension (s 70), unsatisfactory performance (s 68), workforce diversity (s 63), secondments (s 64), temporary assignments (s 66), senior executive contracts (s 39), and termination (s 41).
It stitches itself into the Health Services Act 1997 (employer functions for Health Service senior executives, s 116 and s 121H), the Transport Administration Act 1988 (ss 68N, 68Q), the Police Act 1990 (ss 40–41 for NSW Police Force senior executives), the Members of Parliament Staff Act 2013 (conditions during political secondments), the Public Holidays Act 2010, the Anti-Discrimination Act 1977 (EEO plans), the Superannuation Guarantee (Administration) Act 1992 (Cth) (notional salary calculations), and the Interpretation Act 1987.
Transitional provisions in Schedule 4 preserve pre-24 February 2014 recruitment, probation, excess-employee and EEO processes. Clause 10A(3)(b) expressly allows overseas trade employee contracts to prevail over the Regulation and the General Rules. Clause 25A(4) is subject to industrial instruments and cl 39. Schedule 2 cl 2 preserves pre-2014 Commissioner declarations about Commonwealth and interstate agencies.
The Regulation therefore operates as interstitial legislation: it fills gaps, resolves overlaps and creates exceptions, but never displaces superior statutory or award rights.
Recent changes and why
The text records amendments from 2014 to 2025. Early changes (2014 No 74, 2014 (123)) refined statutory-body inclusions. 2016 amendments inserted cl 6A (rail exclusions from s 68), updated leave clauses, added Health Service senior executive rules (Part 5) and adjusted redundancy repayment to reflect new senior-executive categories. 2017 amendments inserted Part 6 (Transport) and Part 7 (NSW Police Force), reflecting the progressive extension of the senior-executive employment framework to non-Public-Service sectors.
Clause 10A (overseas trade employees) was inserted in 2015 (810), amended in 2023 and 2024 to update department names and relax delegation limits, responding to the need for agile international trade staffing. Clause 10B (private-to-public transfers) was added in 2024 (485) to facilitate outsourcing reversals without triggering full merit processes. Clause 6B (delegations) was inserted in 2024 (236) and substituted in 2025 (86) to authorise the Ministers administering Service NSW and the Children’s Guardian Act, aligning with machinery-of-government changes.
These changes reflect three policy drivers: (1) sectoral harmonisation—bringing Health, Transport and Police executives under comparable contract and compensation regimes; (2) operational flexibility—light-touch rules for overseas staff and reverse-outsourcing; and (3) administrative efficiency—updating delegations and clarifying exclusions. Each amendment has been grafted onto the 2014 structure rather than prompting a wholesale rewrite, producing the layered complexity visible today.
Court challenges and controversies
Because the Regulation is largely facilitative, reported litigation is sparse and usually arises under the parent Act. Challenges have centred on:
Whether an agency head’s refusal of higher-duties allowance under cl 20 or 21 is reviewable (generally answered “no” on the basis that it is an administrative discretion not affecting legal rights).
The meaning of “comparable employment” in cl 25A(2) when services are transferred to non-government bodies; industrial tribunals have emphasised the “overall” no-less-favourable test rather than isolated terms.
The interaction between cl 15 fitness-for-duty directions and workers-compensation legislation; courts have upheld the Regulation’s medical-assessor pathway provided procedural fairness is afforded.
Senior-executive termination payments. In several unreported Industrial Court matters, executives have argued that “remuneration package” in cl 39 includes non-cash benefits; the Commissioner’s determinations under cl 38(2) have usually been treated as conclusive.
Recognition of prior Australian Defence Force service under Sch 2 cl 10. Disputes have turned on whether service was “full-time” and whether the 12-month re-employment window in cl 4(1)(a)(ii) was met.
Controversies have also arisen administratively. Unions have criticised the cash-out provisions (cl 37, Sch 1 cl 4) as undermining the “long-service” philosophy. The exclusion of rail operators from unsatisfactory-performance processes (cl 6A) was a negotiated industrial compromise that attracted parliamentary comment. The breadth of cl 9’s reporting obligation (any “serious offence”) has raised privacy concerns, although the Regulation ties the term to s 69 of the Act.
No High Court or Court of Appeal decision has struck down any clause; the Regulation has survived largely intact because its drafting repeatedly defers to industrial instruments and superior statutes.
Gotchas
Most practitioners miss three traps. First, the interaction between cl 14(4) and performance-management systems: until an agency’s system expressly sets increment criteria or 1 July 2015 (whichever is earlier), increments remain discretionary. Many agencies assumed the transitional provision expired in 2015 and stopped documenting decisions; that has produced back-pay claims years later.
Second, cl 25A’s “comparable employment” test is deceptively strict. Even if salary, hours and duties are identical, an “unreasonable increase in journey to work” (cl 25A(2)(d)) can preserve redundancy entitlement. Agencies have lost tribunal cases because they failed to lead evidence on travel times.
Third, senior-executive contracts that simply incorporate the Regulation by reference still require the additional matters in cll 36, 40, 43 and 45 to be expressly addressed. The Public Service Commissioner, Health Secretary, Transport Secretary and Commissioner of Police each hold separate opinions on what is “necessary or convenient”; a contract drafted for a Public Service Secretary will not automatically satisfy a NSW Police Force senior-executive contract. Failure to address capability-based assessments has led to disputes about whether termination was “for unsatisfactory performance” (13 weeks) or “misconduct” (zero).
Another subtle point: Sch 1 cl 8(2) reduces extended-leave deductions for public holidays only while the employee is already on extended leave. It does not create an extra holiday entitlement. Agencies that have paid out leave without making this distinction have overpaid.
Finally, cl 4’s notification obligation is broader than it appears. A decision need only be published “in such manner as the person considers necessary”. In practice this has been used to justify minimal intranet notices; employees have succeeded in arguing that inadequate notice prevented them from exercising appeal or review rights under the Act.
How to comply
Compliance begins with mapping. Agencies should maintain a clause-by-clause responsibility table assigning cl 9 reporting, cl 15 medical directions, cl 14 increment approvals and cl 4 notification duties to specific officers. Senior-executive contracts must be templated with the mandatory cl 36 (or equivalent) clauses and reviewed by the relevant central agency (Public Service Commission, Ministry of Health, Transport, Police) before signature.
For leave portability, HR systems must capture “recognised service” under Schedule 2 at the point of engagement. The 2-month and 12-month windows in cl 4(1)(a) should be hard-coded into onboarding checklists. When services are transferred to the non-government sector, agencies must document the comparable-employment offer with evidence of prior-service recognition, similar duties, overall no-less-favourable terms and journey-to-work impact; failure on any element preserves the severance liability.
Fitness-for-duty processes require a pre-nominated list of medical assessors from the Public Service Commissioner and a standard direction letter that warns of immediate cessation of duty. All health information must be handled in accordance with the Privacy and Personal Information Protection Act 1998; the agency head’s obligation to supply “reasonably required” employment information (cl 15(7)) must be balanced against that statute.
Allowances under cll 20–23 require written determination before the assignment commences, recording the salary point chosen and the proportion of duties. The 5-working-day and 3-month exceptions must be applied mechanically; spreadsheets that automatically suppress allowances below thresholds have been held to satisfy the “determined before the employee starts” rule.
Annual compliance audits should test a sample of overseas trade employee contracts for prevalence clauses (cl 10A(3)(b)), political-secondment agreements for the six mandatory matters in cl 35(3), and redundancy-repayment calculations under cl 24(2). Because the Regulation is amended by disparate instruments, agencies should subscribe to the NSW legislation alert service and maintain an annotated working copy that records which clauses were inserted or substituted when.
Finally, decision-makers should treat cl 4’s notification obligation as a risk-management tool: a brief all-staff email or intranet post citing the clause number and attaching the decision is usually sufficient to defeat later claims of ignorance. In an era of machinery-of-government changes, the safest compliance posture is to assume every employee is covered unless a specific exclusion (cl 6A, cl 24(4), cl 10A) can be positively identified.
Section 5Statutory bodies included as part of the government sector for certain purposes
NSW Police Force senior executive means a person employed in the NSW Police Force as a NSW Police Force senior executive.
Public Service non-executive employee means an employee referred to in Division 5 of Part 4 of the Act.
Public Service senior executive means the Secretary of a Department and any other Public Service employee to whom Division 4 of Part 4 of the Act applies.
State industrial instrument means an industrial instrument within the meaning of the Industrial Relations Act 1996.
the Act (or the new Act) means the Government Sector Employment Act 2013.
Transport Secretary means the Secretary of the Department of Transport.
Transport Service senior executive means a person employed in the Transport Service as a Transport Service senior executive.
Transport Service senior manager means a person employed in the Transport Service as a Transport Service senior manager.
Note.
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
(2) Notes included in this Regulation do not form part of this Regulation.
(1) Any decision by a relevant person under this Regulation is to be published or notified in such manner as the person considers necessary in order to bring the decision to the notice of the government sector employees to whom it applies.
(2) In this clause—
relevant person means any of the following—
(a) the Public Service Commissioner,
(b) the Industrial Relations Secretary,
(c) the head of a government sector agency.
5 Statutory bodies included as part of the government sector for certain purposes
5 Statutory bodies included as part of the government sector for certain purposes
5 Statutory bodies included as part of the government sector for certain purposes
(1) Each of the following is prescribed as a government sector agency for the purposes of section 16 of the Act (Provision of reports and information by agencies)—
(a) a State owned corporation,
(b) a university referred to in clause 34 (but only in relation to the provision of reports and information relating to workforce diversity).
(2) For the purposes of section 16 of the Act—
(a) the head of a body referred to in subclause (1) (a) is the person holding office as the chief executive (however described) of the body, and
(b) the head of any such university is the Vice Chancellor of the university.
(3) The following State owned corporations are prescribed for the purposes of paragraph (g) of the definition of government sector in section 3 (1) of the Act but only in relation to section 73 of the Act (Appointment to position in government sector not affected by additional appointment)—
(a) Landcom,
(b) Water NSW.
This subclause does not limit the operation of subclause (1) to the extent that it applies to those State owned corporations.
cl 5: Am 2014 (123), cl 3; 2014 No 74, Sch 3.11.
6 Application of certain provisions of Act to administrative employees of NSW Police Force
6 Application of certain provisions of Act to administrative employees of NSW Police Force
6 Application of certain provisions of Act to administrative employees of NSW Police Force
The part of the NSW Police Force comprising administrative employees under the Police Act 1990 is prescribed as a government sector agency for the purposes of the following provisions of the Act—
(a) section 69 (Misconduct—Public Service and other prescribed government sector employees),
(b) section 70 (Suspension of employees from duty pending decision in relation to misconduct, criminal charge or corrupt conduct).
cl 6: Am 2017 (579), Sch 1 [2].
6A Government sector agencies excluded from section 68 of the Act
6A Government sector agencies excluded from section 68 of the Act
6A Government sector agencies excluded from section 68 of the Act
The following government sector agencies are excluded from section 68 of the Act (Unsatisfactory performance of government sector employees)—
(a) Rail Corporation New South Wales,
(b) Sydney Trains,
(c) NSW Trains.
cl 6A: Ins 2016 (404), Sch 1 [1].
6B Delegations
6B Delegations
6B Delegations
For the Act, section 81(2), definition of authorised person, the following persons are authorised persons—
(a) the Minister administering the Service NSW (One-stop Access to Government Services) Act 2013,
(b) the Minister administering the Children’s Guardian Act 2019.
7 Employees not to undertake other paid work without permission
7 Employees not to undertake other paid work without permission
7 Employees not to undertake other paid work without permission
(1) A Public Service employee is not to undertake any other paid work without the permission of the agency head.
(2) This clause does not apply to a person who is—
(a) employed in casual employment, or
(b) working part-time,
during the period that the person is not required to perform duties in the Public Service, but only if the performance of those duties is not adversely affected and no conflict of interest arises.
8 Deductions for rent in certain cases
8 Deductions for rent in certain cases
8 Deductions for rent in certain cases
(1) If a Public Service employee is allowed to use, for residential purposes, any premises belonging to the Government, the Industrial Relations Secretary may direct that a fair and reasonable sum as rent for the premises be deducted from the salary of the employee.
(2) In giving any such direction, the Industrial Relations Secretary is to either fix the amount of rent to be deducted or specify a person by whom the amount of rent to be deducted is to be fixed.
(3) If a Public Service employee is allowed to use, for residential purposes, any premises or any land vested in or managed by the Teacher Housing Authority of New South Wales, an amount fixed by that Authority in respect of rent is to be deducted from the salary of the employee and paid to that Authority.
(4) This clause is subject, in the case of a Public Service senior executive, to the contract of employment of the executive.
(5) In this clause, rent includes payment for board and lodging.
9 Reporting charges and convictions for serious offences
9 Reporting charges and convictions for serious offences
9 Reporting charges and convictions for serious offences
(1) A Public Service employee who is charged with, or is convicted of, a serious offence must immediately report that fact in writing to the agency head.
(2) If the manager of a Public Service employee has reason to believe that the employee—
(a) has been charged with, or has been convicted of, a serious offence, and
(b) has not reported the matter to the agency head,
the manager must immediately inform the agency head in writing that the manager has reason to believe that the employee has been charged with, or has been convicted of, the serious offence.
(3) If the employee required to report under subclause (1) is the head of a Public Service agency, subclause (1) applies as if references to the agency head were references to a Minister to whom the agency is responsible.
(4) In this clause—
convicted of an offence includes being found guilty of the offence without the court proceeding to a conviction.
manager of a Public Service employee means the manager of the branch or other part of the Public Service agency in which the employee is employed.
serious offence has the same meaning as in section 69 of the Act.
10 Employee to report bankruptcy etc
10 Employee to report bankruptcy etc
10 Employee to report bankruptcy etc
(1) If a Public Service employee (other than a person employed in casual employment) becomes bankrupt or makes a composition, arrangement or assignment for the benefit of the employee’s creditors, the employee must—
(a) immediately notify the agency head in writing of the bankruptcy, composition, arrangement or assignment, and
(b) within such period as the agency head specifies, provide the agency head with such further information with respect to the cause of the bankruptcy or of the making of the composition, arrangement or assignment as the agency head requires.
(2) If any such employee is the head of a Public Service agency, subclause (1) applies as if references to the agency head were references to a Minister to whom the agency is responsible.
(3) An agency head may, as a condition of the engagement of a person in a role in the Public Service agency relating to financial management in the agency, require the person to declare, before the person is engaged in that role, whether or not the person has at any time been declared bankrupt or made a composition, arrangement or assignment for the benefit of the person’s creditors.
10A Overseas trade employees
10A Overseas trade employees
10A Overseas trade employees
(1) In this clause—
overseas trade employee means a person who—
(a) is employed in either of the following departments (a relevant Department) to work in the area of international trade and investment—
(i) the Department of Creative Industries, Tourism, Hospitality and Sport,
(ii) the Premier’s Department, and
(b) ordinarily resides and works in a country other than Australia while so employed.
(2) The employment under the Act of an overseas trade employee is subject to such arrangements as may be determined by the Secretary of the relevant Department in respect of the employee.
(3) Any arrangements determined by a Secretary under this clause in respect of an overseas trade employee—
(a) may be specified in the employee’s contract of employment, and
(b) prevail to the extent of any inconsistency with any other provision of this Regulation or the government sector employment rules.
(4) An overseas trade employee who is a Public Service non-executive employee may be employed under a written contract of employment signed by the employee and by the Secretary of the relevant Department.
(5) Persons may be employed as overseas trade employees without compliance with the government sector employment rules on merit-based employment. However, any decision to employ a person as an overseas trade employee must be based on the person’s appropriateness for the role concerned having regard to the nature of the role and the person’s qualifications, skills and experience.
(6) Any limitation under the government sector employment rules on the power of the Secretary of the relevant Department to delegate his or her functions under the Act does not apply in respect of those functions to the extent that they relate to overseas trade employees.
cl 10A: Ins 2015 (810), Sch 2. Am 2023 (319), sec 3(1); 2024 (236), Sch 1[2]–[4].
10B Exemption for transfer of employees from private operator—the Act, s 88
10B Exemption for transfer of employees from private operator—the Act, s 88
10B Exemption for transfer of employees from private operator—the Act, s 88
(1) For the Act, section 88(2), the Government Sector Employment (General) Rules 2014, Part 3 does not apply to a decision to employ a person as a Public Service non-executive employee if—
(a) the person is employed by a private entity that is engaged to exercise a function or manage or operate a service on behalf of the NSW Government, and
(b) the private entity will cease to exercise the function or manage or operate the service, and
(c) the agency head is satisfied that the person is suitable for the role.
(2) For subclause (1)(c) and without limiting the paragraph, the agency head—
(a) must consider the person’s employment history and conduct after conducting appropriate checks, and
(b) may require that the person complete one or more assessments, any of which may be an interview.
cl 10B: Ins 2024 (485), Sch 1.
Division 2 General conditions of employment
Division 2 General conditions of employment
Division 2 General conditions of employment
11 Application of Division
11 Application of Division
11 Application of Division
The provisions of this Division are subject to any State industrial instrument.
12 Public holidays
12 Public holidays
12 Public holidays
A Public Service employee is entitled to be absent from duty on the following days unless the employee is required to attend for duty by the agency head o
This is an opening excerpt, not the complete document.