Part 3AReporting on certain official travel

Part 3A—Reporting on certain official travel 12A—Application of Part (1) This Part applies to travel undertaken by a prescribed person in their official capacity after the commencement of this section that consists of, or includes, travel outside of South Australia. (2) However, this Part does not apply in relation to travel funded by the prescribed person personally (including where the travel costs fall within the common allowance paid to the prescribed person under the Parliamentary Remuneration Act 1990 or where the prescribed person's costs are reimbursed by the Parliament). (3) This Part is in addition to, and does not derogate from, any other reporting requirements a prescribed person or any other person has under this or any other Act or law. (4) In this section— prescribed person means— (a) each Minister of the Crown; and (b) the Leader of the Opposition in the House of Assembly; and (c) the Leader of the Opposition in the Legislative Council; and (d) the Deputy Leader of the Opposition in the House of Assembly; and (e) the Deputy Leader of the Opposition in the Legislative Council. 12B—Prescribed persons to report on certain official travel (1) Subject to this section, each prescribed person who undertakes travel to which this Part applies must prepare a report setting out— (a) the following information in relation to the travel: (i) the name and portfolio of the prescribed person; (ii) the period during which the travel was undertaken; (iii) the reason for the travel; (iv) the total cost of the travel funded, or to be funded, by money provided by the State, broken down into— (v) a summary of the activities undertaken in the course of the travel; and (b) in the case where a public sector employee travels with a prescribed person who is a Minister as part of the Minister's official travelling party—the following information in relation to each such public sector employee's travel: (i) the public sector agency in which the public sector employee is employed; (ii) the name and official capacity of the public sector employee; (iii) the period during which the public sector employee accompanied the Minister in an official capacity (if different to the information required under paragraph (a)); (iv) the total cost of the public sector employee's travel funded, or to be funded, by money provided by the State, broken down into— (v) a summary of the activities of the public sector employee in their official capacity undertaken in the course of the travel; and (c) in the case where a prescribed staff member travels with a prescribed person who is a Minister as part of the Minister's official travelling party— (i) the name and official capacity of the prescribed staff member; (ii) the period during which the prescribed staff member accompanied the Minister in an official capacity (if different to the information required under paragraph (a)); (iii) the total cost of the travel of the prescribed staff member funded, or to be funded, by money provided by the State, broken down into— (iv) a summary of the activities of the prescribed staff member in their official capacity undertaken in the course of the travel; and (d) any other information required by the regulations. (2) Subject to subsection (3), a report must be prepared under this section within 45 days after the conclusion of the relevant travel. (3) If, in relation to a report of particular travel, a prescribed person does not have the information or documents necessary to provide all of the information required under subsection (1)(a)(iv), (1)(b)(iv) or (1)(c)(iii), the prescribed person must— (a) nevertheless prepare a report under this section setting out such of the information required under subsection (1) as may be known to the prescribed person; and (b) set out in the report an explanation of why the report is incomplete and a description of the outstanding information; and (c) as soon as is reasonably practicable after the prescribed person receives the outstanding information or documents, prepare a supplementary report containing that information. (4) If, in relation to a report of particular travel, it is not reasonably practicable for a prescribed person to provide a breakdown of the costs in accordance with subsection (1)(a)(iv), (1)(b)(iv) or (1)(c)(iii), the prescribed person will be taken to have complied with those requirements if the prescribed person sets out in the report— (a) the total cost of the travel; and (b) a description of the costs incurred in the travel; and (c) an explanation of why the costs could not reasonably be broken down in accordance with those requirements. (5) A prescribed person preparing a report under this section must cause copies of receipts or invoices for all costs relating to travel to which this Part applies to accompany the report. (6) However, a prescribed person need not comply with subsection (5) in relation to a particular receipt or invoice, or particular class of receipts or invoices— (a) if the receipt or invoice relates to a matter to be addressed in a supplementary report prepared under subsection (3), in which case the prescribed person must instead cause a copy of the receipt or invoice to accompany the supplementary report; or (b) if a receipt or invoice in respect of a particular cost is not able to be obtained by the prescribed person, or has been lost or destroyed, in which case the prescribed person must instead complete a declaration containing any information required by the regulations in relation to the cost and cause a copy of the declaration to accompany the report or supplementary report under this section (as the case requires). (7) If a prescribed person is of the opinion that to comply with subsection (5) or (6) in relation to a particular receipt or invoice would create a risk to the health or safety of the prescribed person or any other person, or would amount to a security risk to the interests of the State (however described), the prescribed person may cause a redacted copy of the receipt or invoice to accompany the report or supplementary report (and in such a case the prescribed person will, to avoid doubt, be taken to have complied with the relevant subsection in respect of the receipt or invoice). (8) A report prepared under this section must be in the prescribed manner and form. (9) In the case where a public sector employee travels with a prescribed person who is a Minister undertaking travel to which this Part applies as part of the Minister's official travelling party— (a) the Minister must provide a copy of the report and accompanying documents to the Chief Executive of the relevant public sector agency; and (b) the Chief Executive of the public sector agency must ensure that the report is accurate and comprehensive to the extent that it relates to the public sector agency. (10) A prescribed person must, within 6 sitting days after preparing a report under this section, cause copies of the report or supplementary report and accompanying documents to be laid before each House of Parliament. (11) In this section— prescribed staff member, in relation to a prescribed person who is a Minister, means— (a) a person engaged by the Premier as a member of the Minister's personal staff under section 71; or (b) a person engaged by the Minister under section 72. Part 4—Commissioner for Public Sector Employment 13—Office of Commissioner (1) There is to be a Commissioner for Public Sector Employment. (2) The Commissioner is to be appointed by the Governor for a term not exceeding 5 years and on conditions determined by the Governor. (3) The Commissioner is, at the end of a term of appointment, eligible for reappointment. (4) The Commissioner's appointment may be terminated by the Governor on the ground that the Commissioner— (a) has been guilty of misconduct; or (b) has been convicted of an offence punishable by imprisonment; or (c) has engaged in any remunerative employment, occupation or business outside the duties of the Commissioner without the consent of the Minister; or (d) has become bankrupt or has applied to take the benefit of a law for the relief of insolvent debtors; or (e) has, because of mental or physical incapacity, failed to carry out duties of the Commissioner satisfactorily; or (f) is incompetent or has neglected the duties of the position. (5) The Commissioner's appointment is terminated if the Commissioner— (a) becomes a member, or a candidate for election as a member, of the Parliament of the State or the Commonwealth; or (b) is sentenced to imprisonment for an offence. (6) The Commissioner may resign as Commissioner by not less than 3 months notice in writing to the Minister (unless notice of a shorter period is accepted by the Minister). (7) The Minister may assign a public sector employee to act as the Commissioner during any period for which— (a) no person is for the time being appointed as the Commissioner; or (b) the Commissioner is absent from, or unable to discharge, official duties. 14—Functions of Commissioner (1) The Commissioner has the function of advancing the objects of this Act, and promoting observance of the public sector principles, in so far as they relate to public sector employment and for that purpose is to— (a) issue the public sector code of conduct (see section 15); and (b) issue public sector employment determinations (see section 16); and (c) monitor and report to the Minister on observance of the public sector principles, code of conduct and employment determinations; and (d) issue guidelines relating to public sector employment matters; and (e) provide advice on public sector employment matters at the request of public sector agencies or on the Commissioner's own initiative; and (f) provide advice on and conduct reviews of public sector employment or industrial relations matters as required by the Premier or the Minister or on the Commissioner's own initiative; and (g) investigate or assist in the investigation of matters in connection with public sector employee conduct or discipline as required by the Premier or at the request of a public sector agency and investigate such matters on the Commissioner's own initiative (including on receipt of public interest information under the Public Interest Disclosure Act 2018). (2) The Commissioner has any other functions assigned to the Commissioner under this Act. 15—Public sector code of conduct (1) The public sector code of conduct may contain— (a) provisions directed towards advancement of the objects of this Act and observance of the public sector principles; and (b) provisions governing the conduct of public sector employees (within and outside their employment) that are expressed to be disciplinary provisions. (2) The code will be taken to allow a public sector employee to engage in a private capacity in conduct intended to influence public opinion on an issue, or promote an outcome in relation to an issue of public interest, except if— (a) it is reasonably foreseeable that the conduct may seriously prejudice the Government or a public sector agency in the conduct of its policies given the relative seniority of the employee, the extent to which the issue is relevant to the role or a previous role of the employee and the nature and circumstances of the conduct; or (b) the conduct involves— (i) disclosure of information in breach of intellectual property rights; or (ii) disclosure of information contrary to any law or to any lawful instruction or direction relating to a specific matter; or (iii) disclosure of information with a view to securing a pecuniary or other advantage for the employee or any other person; or (iv) disclosure of information of commercial value the disclosure of which would diminish its value or unfairly advantage a person in commercial dealings with the Government or a public sector agency; or (c) the conduct is disgraceful or improper conduct that reflects seriously and adversely on the public sector. (3) Subsection (2)(a) does not apply in respect of conduct engaged in by an employee in the employee's capacity as a member of the governing body of a public sector representative organisation. (4) The Commissioner must keep the code under review and may vary the code, or revoke and substitute the code. (5) The code, and any variation of the code, must be published in accordance with the regulations. (6) The code, or a variation of the code, has effect from a date fixed by the Commissioner. (7) Sections 10 and 10A of the Subordinate Legislation Act 1978 apply to the code, or a variation of the code, as if it were a regulation within the meaning of that Act. 16—Public sector employment determinations (1) The Commissioner may issue determinations relating to— (a) employment in the Public Service; and (b) public sector employment outside the Public Service that is declared by another Act or the regulations under this Act to be employment to which this section applies. (2) A determination by the Commissioner may determine— (a) classification structures in accordance with which remuneration levels must be fixed for employees; and (b) conditions of employment other than remuneration; and (c) processes that must be followed in fixing remuneration levels and other employment conditions; and (d) allowances payable to employees and the circumstances in which they are payable; and (e) charges payable by employees in respect of accommodation, services, goods or other benefits provided to them in connection with their employment; and (f) any other matter of a class prescribed by the regulations. (3) A determination by the Commissioner— (a) may be expressed to apply to all employees or particular employees or classes of employees; and (b) may leave a matter or thing to be determined or dispensed with according to the discretion of a public sector agency or the Commissioner, either generally or in a particular case or class of cases; and (c) may be varied or revoked by subsequent determination; and (d) must be published in accordance with the regulations; and (e) has effect from a date fixed by the Commissioner which may be a date earlier than the date of the determination; and (f) is binding on public sector agencies in relation to public sector employment to which the determination applies. 17—Extent to which Commissioner is subject to Ministerial direction (1) Subject to this section, the Commissioner is subject to direction by the Minister. (2) No Ministerial direction may be given to the Commissioner requiring that material be included in, or excluded from, a report that is to be laid before Parliament. (3) A Ministerial direction to the Commissioner— (a) must be communicated to the Commissioner in writing; and (b) must be included in the annual report of the Commissioner. 18—Investigative powers (1) The powers conferred by this section may be exercised as reasonably required for a review or investigation referred to in section 14. (2) The Commissioner may— (a) by notice in writing— (i) require a public sector employee or former public sector employee to appear at a specified time and place for examination; or (ii) require a public sector employee or former public sector employee to produce a specified record or object that is relevant to the subject matter of the review or investigation; and (b) require a public sector employee or former public sector employee to answer truthfully questions that are relevant to the subject matter of the review or investigation; and (c) enter and inspect premises occupied by the Crown or a public sector agency. (3) A public sector employee who fails to comply with a requirement under this section or hinders the exercise of powers under this section is guilty of misconduct (for the purposes of this and any other Act). (4) A former public sector employee who fails to comply with a requirement under this section or hinders the exercise of powers under this section is guilty of an offence. Maximum penalty: $5 000. (5) A person is not obliged to answer a question or to produce a record or object (other than a record or object of the Government) under this section if to do so would tend to incriminate the person of an offence. 19—Power to require statistical information The Commissioner may, by notice in writing, require public sector agencies to provide statistical reports to the Commissioner relating to public sector employment matters at intervals specified by the Commissioner. 20—Delegation by Commissioner (1) The Commissioner may, by instrument in writing, delegate a power or function under this or any other Act— (a) to a particular person or committee; or (2) A power or function delegated under this section may, if the instrument of delegation so provides, be further delegated. 21—Annual report of Commissioner (1) The Commissioner must, before 30 September in each year, present a report to the Minister on matters relating to the Commissioner's functions under this Part. (2) The report must— (a) relate to the financial year preceding the making of the report; and (b) describe the extent of observance of the public sector principles in so far as they relate to public sector employment and measures taken by the Commissioner to promote observance of those principles; and (c) deal with any other matters stipulated by the regulations. (3) The Minister must, within 12 sitting days after receipt of a report under this section, cause copies of the report to be laid before each House of Parliament. Part 5—South Australian Executive Service 22—Purpose of SAES SAES is established to provide the public sector with high performing leaders who have a shared sense of purpose and direction and who together will actively engage the public sector in the pursuit of the objects of this Act and the public sector principles. 23—SAES charter (1) The Minister must approve a charter for SAES (the SAES charter). (2) The charter may specify or elaborate on the following: (a) rules governing membership of SAES; (b) functions of SAES; (c) rules and arrangements to facilitate mobility within the public sector of SAES members; (d) employment contracts and performance management and development systems for SAES members; (e) competencies expected of SAES members; (f) any other matter affecting SAES. (3) The Minister must ensure that the charter is kept under review and may vary the charter, or revoke and substitute the charter. (4) The Minister must cause the charter, or a variation of the charter, to be published within the public sector. Part 6—Public Service Division 1—Composition of Public Service 24—Public Service administrative units The Public Service consists of administrative units which may take the form of— (a) a department; or (b) an attached office. 25—Public Service employees (1) Subject to subsection (2), all persons employed by or on behalf of the Crown must be employed in the Public Service under this Act. (2) The following persons are excluded from the Public Service: (a) members of the judiciary; (b) police officers; (c) police security officers appointed under the Police Act 1998; (d) the Auditor‑General; (e) the Ombudsman; (f) the Police Ombudsman; (g) the Electoral Commissioner and the Deputy Electoral Commissioner; (h) an officer of either House of Parliament or a person under the separate control of the President of the Legislative Council or the Speaker of the House of Assembly or a member of the joint parliamentary service; (i) the Commissioner; (k) an employee employed under the Education and Children's Services Act 2019; (l) an officer or employee appointed by the employing authority under the Technical and Further Education Act 1975; (m) a person appointed by the Premier or the Minister under Part 8; (n) a person who is remunerated solely by fees, allowances or commission; (o) an employee who is remunerated at hourly, daily, weekly or piece‑work rates of payment (other than a person expressly engaged by writing as a casual employee in the Public Service); (p) a person who is excluded under any other Act from the Public Service; (q) a person whose terms and conditions of appointment or employment are under another Act to be determined by the Governor, a Minister or any specified person or body; (r) a person excluded from the Public Service by proclamation under subsection (3). (3) The Governor may, by proclamation— (a) exclude a person or class of persons from the Public Service; or (b) vary or revoke a proclamation under this subsection. Division 2—Administrative units 26—Establishment of departments The Governor may, by proclamation— (a) establish a department and assign a title to it; or (b) alter the title of a department; or (c) abolish a department. 27—Establishment of attached offices The Governor may, by proclamation— (a) establish an attached office, assign a title to the office and attach the office to a department or departments; or (b) vary the department or departments to which an office is an attached office; or (c) alter the title of an attached office; or (d) abolish an attached office. 28—Minister responsible for administrative unit (1) The Governor may, by proclamation, designate the Minister who will be an administrative unit's Minister with responsibility for the unit. (2) A proclamation under subsection (1) will have the effect of revoking the previous designation (if any). Division 3—Chief executives 29—Administrative units to have chief executives There is to be a chief executive of each administrative unit. 30—Chief executive to employ persons for administrative unit (1) The chief executive of an administrative unit may, on behalf of the Crown, engage persons as employees for the purposes of the unit. (2) A person engaged as an employee under subsection (1) becomes an employee in the unit unless excluded from the Public Service under section 25. 31—General duties of chief executive (1) The chief executive of a department is responsible to the Premier and the department's Minister for— (a) making an effective contribution to the attainment of the whole‑of‑Government objectives that are communicated in writing by the Premier or the department's Minister and relate to the functions or operations of the department; and (b) the attainment of the performance objectives set from time to time by the Premier and the department's Minister under the contract relating to the chief executive's employment; and (c) the effective management of the department and the general conduct of its employees. (2) The chief executive of an office that is an attached office to a department or departments is responsible— (a) to the Premier and the office's Minister for— (i) making an effective contribution to the attainment of the whole‑of‑Government objectives that are communicated in writing by the Premier or the office's Minister and relate to the functions or operations of the office; and (ii) the attainment of the performance objectives set from time to time by the Premier and that Minister under the contract relating to the chief executive's employment; and (b) to the chief executive of the department, or the chief executives of the departments, for— (i) any specific matters relating to the attainment of whole‑of‑Government objectives; and (ii) the effective management of the office and the general conduct of its employees. 32—Duties with respect to objects of Act and public sector principles and code of conduct The chief executive of an administrative unit is to ensure, as far as practicable, that the objects of this Act are advanced and the public sector principles and code of conduct are observed in the management and day‑to‑day operations of the unit. 33—Protection of independence in certain matters The chief executive of an administrative unit is not subject to direction in respect of— (a) the performance of a quasi‑judicial or statutorily independent function of the chief executive; or (b) the making of an employment decision relating to a particular person. 34—Employment or assignment of persons as chief executives (1) A chief executive of an administrative unit is to be engaged by the Premier. (2) The Premier may assign a public sector employee to act as the chief executive of an administrative unit, or an administrative unit's Minister may assign an employee in the unit to act as the chief executive of the unit, during any period for which— (a) no person is for the time being employed as the chief executive of the unit; or (b) the chief executive of the unit is absent from, or unable to discharge, official duties. 35—Conditions of chief executive's employment (1) The employment of a chief executive of an administrative unit is to be subject to a contract made between the chief executive and the Premier in consultation with the unit's Minister. (a) that the chief executive is employed for a term not exceeding 5 years specified in the contract; and (b) that the chief executive is to meet performance objectives as set from time to time by the Premier and the unit's Minister. (3) Subject to the regulations, the contract may make any other provision considered appropriate, including provision excluding or modifying a provision of this Act. (4) The decision whether to engage the chief executive for a further term must be made and notified to the chief executive not less than the prescribed period before the end of the chief executive's current term of employment. (5) In this section— prescribed period means— (a) if the contract is for a term of 5 years—6 months; (b) if the contract is for a term less than 5 years—the period determined by applying to the period of 6 months the proportion that the number of months in the term of the contract bears to 60 months. 36—Transfer of chief executives (1) The Premier may transfer a chief executive of an administrative unit to other duties in the public sector, whether or not as chief executive of another administrative unit, on conditions that maintain the remuneration of the chief executive. (2) A transfer of a chief executive under this section does not constitute a breach of the person's contract of employment or termination of the person's employment, or affect the continuity of the person's employment for any purpose. 37—Resignation of chief executive A chief executive of an administrative unit may resign by not less than 3 months notice in writing to the Premier (unless notice of a shorter period is accepted by the Premier). 38—Termination of chief executive's employment (1) The Premier may, by notice in writing, terminate the employment of a chief executive of an administrative unit— (a) on the ground that the chief executive has become bankrupt or has applied to take the benefit of a law for the relief of insolvent debtors; or (b) on any ground on which the employment of an employee of a public sector agency may be terminated under Part 7 Division 3. (2) The Premier may, by notice in writing, terminate the employment of a chief executive of an administrative unit without specifying any grounds. (3) Subject to the contract relating to the chief executive's employment, if a chief executive's employment is terminated by the Premier by notice under subsection (2), the chief executive is entitled to a termination payment of an amount equal to 4 months remuneration (at the rate determined for the purposes of this subsection under the chief executive's contract) for each uncompleted year of the chief executive's employment (with a pro rata adjustment in relation to part of a year) up to a maximum of 16 months remuneration. (4) The period of notice under subsection (2) must be at least 4 months except where the chief executive is compensated by payment of an amount equal to the remuneration that would have been payable during the balance of the period of 4 months (at the rate determined for the purposes of this subsection under the chief executive's contract). 39—Delegation by chief executive (1) The chief executive of an administrative unit may, by instrument in writing, delegate a power or function under this Act— (a) to a particular person or committee; or (2) A power or function delegated under this section may, if the instrument of delegation so provides, be further delegated. 40—Provision for statutory office holder to have powers etc of chief executive Despite the preceding provisions of this Part, the Minister may, by notice in the Gazette— (a) declare that the person for the time being holding or acting in a specified statutory office established under an Act will have the powers and functions of a chief executive in relation to a specified administrative unit; and (b) revoke a declaration under this section. Part 7—Public sector employment