Public Sector Regulations 2025 (South Australia)

Mechanically, the Public Sector Regulations 2025 (the regulations) set out the detailed operational rules that implement and modify parts of the Public Sector Act 2009 (the Act). The regulations define key terms used by the Act (regs 3-5), prescribe processes for movement of employees within the public sector (reg 6), list mandatory content for agency annual reports (reg 7) and specify reporting format for certain official travel reports (reg 8). They require publication of the public sector code of conduct and Commissioner determinations (regs 9 and 11), set out matters to be included in the Commissioner’s annual report (reg 12), and prevent contracts of chief executives and executive employees from excluding particular Act provisions (regs 13 and 15). They apply Part 7 of the Act to employment outside the Public Service with specified modifications and exceptions (reg 14 and Schedule 1). The regulations also set out recruitment and merit selection mechanics (regs 16-18), specify entitlements and administrative rules for various forms of leave and working arrangements (regs 20-26), establish internal and external review timeframes (regs 27-31), and fix rules for service of notices and record keeping of employee residential addresses (reg 32). Schedule 2 repeals the Public Sector Regulations 2010 and preserves existing determinations or approvals under the old regulations (Schedule 2(1)-(2)).

The instrument therefore operates as a compact of operational detail: it turns higher‑level duties and powers in the Act into prescriptive agency-level obligations and procedural timeframes. For example, reg 6 specifies the mechanics of a “temporary transfer” and a mandatory right of return to the home agency (regs 6(1)-(8)), including limits on early exercise of that right and the circumstances in which a right to return is lost (regs 6(3)-(6)). Reg 17 prescribes how merit‑based selection must be conducted, including the permitted formation and use of applicant pools (reg 17(1)-(3)), while reg 18 lists statutory exceptions to the requirement to use merit‑based processes (reg 18(1)). Several provisions are explicit about non‑delegable powers, for example a chief executive may not delegate the power to make certain determinations under regs 6(9)-(10) and 18(2). The regulations also contain numeric and time defaults: ordinary business hours are fixed at 8.45 am to 5.00 pm Monday-Friday (reg 21); conversion of skills and experience retention leave is fixed at $249 per working day (indexed) with a specific CPI formula explained (reg 25); and internal review timelines are set at 7 days for merit selection and 21 days otherwise (reg 28(1)).

South Australia Public Sector Regulations 2025 under the Public Sector Act 2009

Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Interpretation 4 Substantive remuneration level (section 3 of Act) 5 Remuneration level (section 3 of Act) Part 2—Public sector principles and practices 6 Rules relating to movement of employees within public sector (section 9(5) of Act) 7 Annual reports by public sector agencies (section 12 of Act) Part 3—Reporting on certain official travel 8 Reporting on certain official travel Part 4—Commissioner for Public Sector Employment 9 Publication of public sector code of conduct (section 15(5) of Act) 10 Application of Commissioner's determinations (section 16(1)(b) of Act) 11 Publication of Commissioner's determinations (section 16(3)(d) of Act) 12 Commissioner's annual report (section 21(2)(c) of Act) Part 5—Public Service 13 Chief executive's contracts (section 35(3) of Act) Part 6—Public sector employment Division 1—Application of Part 7 of Act 14 Application of Part 7 (section 41 of Act) Division 2—Executives 15 Executives' contracts (section 42(3) of Act) Division 3—General employment processes and conditions 16 Engagement as term employee (section 45(3)(c) of Act) 17 Merit‑based selection processes (section 46(1) of Act) 18 Exceptions to merit‑based selection processes (section 46(2)(d) of Act) 19 Excess employees (section 53 of Act) Division 4—Leave and working arrangements 20 Flexible leave and working arrangements (section 51 of Act—Schedule 1 clause 1) 21 Ordinary business hours (section 51 of Act—Schedule 1 clause 2) 22 Recreation leave (section 51 of Act—Schedule 1 clause 5) 23 Sick leave (section 51 of Act—Schedule 1 clause 6) 24 Long service leave (section 51 of Act—Schedule 1 clauses 7, 8 and 9) 25 Conversion of skills and experience retention entitlement (Schedule 1 clause 7(4a) of Act) 26 Adjustment to leave rights based on prior service (section 51 of Act—Schedule 1 clause 10) Division 5—Review of employment decisions (other than dismissal) 27 Certain matters excluded from right of review (section 59(2) of Act) 28 Internal review (section 61 of Act) 29 Application for external review (section 62 of Act) 30 Conduct of review (section 62 of Act) 31 Witness fees Part 7—Miscellaneous 32 Service and receipt of notices (section 80 of Act) Schedule 1—Application of Part 7 of Act (regulation 14) 1 References to industrial instruments 2 Long service leave 3 TAFE SA 4 Urban Renewal Authority 5 Education and Early Childhood Services Registration and Standards Board of South Australia 6 Lifetime Support Authority of South Australia 7 Legal Profession Conduct Commissioner 8 Health Care Act 2008 9 Commissioner for Children and Young People 10 South Australian Housing Trust 11 Teachers Registration Board of South Australia 12 Regional landscape boards Schedule 2—Repeal and transitional provision Part 1—Repeal of regulations 1 Repeal of Public Sector Regulations 2010 Part 2—Transitional provision 2 Transitional provision Legislative history

Part 1—Preliminary 1—Short title These regulations may be cited as the Public Sector Regulations 2025. 2—Commencement These regulations come into operation on the day on which they are made. 3—Interpretation In these regulations— Act means the Public Sector Act 2009; effective service has the same meaning as in Schedule 1 clause 7 of the Act. 4—Substantive remuneration level (section 3 of Act) An employee's substantive remuneration level is— (a) if the employee is currently a term employee or casual employee of a public sector agency but has a right to return to duties as an ongoing employee of a public sector agency (whether the same or a different agency)—the remuneration level applicable to the employee as an ongoing employee under the right of return; or (b) if the employee is currently a term or casual employee of a public sector agency but has a right of return to duties as a term employee of a public sector agency (whether the same or a different agency)—the remuneration level applicable to the employee as a term employee under the right of return; or (c) in any other case—the remuneration level currently applicable to the employee. 5—Remuneration level (section 3 of Act) If there is no determination of the Commissioner under the Act that is applicable to an employee, the remuneration level of the employee is to be determined according to any applicable award or agreement under an industrial relations law. Part 2—Public sector principles and practices 6—Rules relating to movement of employees within public sector (section 9(5) of Act) (1) This regulation applies to the movement of employees within the public sector in cases where— (a) an ongoing employee of a public sector agency (the home agency) accepts an offer of, or is transferred to, term or casual employment in another public sector agency (the receiving agency); or (b) a term employee of a public sector agency (the home agency) accepts an offer of, or is transferred to, term or casual employment in another public sector agency (the receiving agency) for a period that is shorter than the term of engagement with the home agency. (2) The employee is to transfer to the receiving agency with a right to return to the home agency (a temporary transfer). (3) An employee may not exercise the right to return to the home agency earlier than the end of a term of engagement with a receiving agency except with the agreement of the home agency. (4) If an employee has been absent from a home agency for more than 2 years (or, instead, such other period agreed by the home agency and receiving agency) under a temporary transfer, the home agency may, by notice in writing, require the employee to make an election to return to the employment of the home agency on or before a specified date, or a date agreed to by the home agency, or lose the right to return to the home agency. (5) If the employee does not make an election within a period (of at least 28 days) allowed in the notice or does not return to the home agency in accordance with an election, the employee will be taken to have lost the right to return to the home agency. (6) If the employee makes an election within the period allowed in the notice to return to the home agency, the temporary transfer will end on the date specified or agreed to by the home agency with the result that the employee returns then to the employment of the home agency. (7) A receiving agency must notify the home agency in writing (or in some other form approved by the home agency) if— (a) the employee ceases to be employed by the agency; or (b) the term of engagement of the employee by the agency is extended; or (c) the basis of engagement of the employee by the agency is changed; or (d) there is any other change in the employee's employment or circumstances that might affect the employee's return to the home agency. (8) When an employee returns to the employment of a home agency— (a) the basis on which the employee is engaged by the home agency is to be the same as before the temporary transfer; and (b) the employee is to be assigned duties by the home agency (although, subject to any agreement with the employee to the contrary, the duties may be different to the duties of the employee before the temporary transfer). (9) The chief executive or principal officer of a public sector agency— (a) may determine that this regulation is not to apply in relation to a specified area of the agency's operations (as a home agency) if satisfied that the determination is warranted in the circumstances having regard to the urgency or significance of the operations; and (b) may vary or revoke such a determination; and (c) must ensure that employees affected by a determination are aware of the determination and its effect. (10) The chief executive or principal officer may not delegate the power to make, vary or revoke a determination under subregulation (9). (11) A public sector agency must report to the Commissioner the making, variation or revocation of any determinations under subregulation (9) (providing details of the circumstances warranting the determinations) within 1 month after the end of the financial year in which they were made, varied or revoked. 7—Annual reports by public sector agencies (section 12 of Act) A public sector agency's annual report to the agency's Minister must contain information (including relevant statistics) with respect to the following: (a) the functions and objectives of the agency; (b) the legislation administered by the agency; (c) the organisation of the agency; (d) the agency's relationship to other agencies within the Minister's area of responsibility; (e) the agency's operations and initiatives (including an assessment of their effectiveness and efficiency); (f) the agency's strategic plans and the relationship of the plans to Government objectives; (g) executive employment in the agency; (h) employment opportunity programs; (i) the agency's performance management and development systems (including an assessment of their effectiveness and efficiency); (j) the number of instances and nature of fraud detected in the agency and the strategies implemented to control and prevent fraud; (k) the number of occasions on which public interest information has been disclosed to a responsible officer of the agency under the Public Interest Disclosure Act 2018; (l) the financial performance of the agency including— (i) audited financial statements prepared in accordance with the Treasurer's instructions and the report of the Auditor‑General on the financial statements; and (ii) any other financial information in respect of the agency's operations required to be reported to Parliament under another Act; (m) the work health, safety and rehabilitation programs of the agency (including an evaluation of the programs and their effectiveness); (n) the extent to which external consultants have been engaged by the agency, the nature of the work undertaken by the consultants and the total cost to the agency of the consultancies. Part 3—Reporting on certain official travel 8—Reporting on certain official travel For the purposes of section 12B(8) of the Act, a report prepared under that section must be in writing. Part 4—Commissioner for Public Sector Employment 9—Publication of public sector code of conduct (section 15(5) of Act) The Commissioner must cause the public sector code of conduct, and each variation of the code, to be published on the Internet and in the Gazette and must cause a consolidated copy of the code to be published on the Internet and made available for inspection at the Commissioner's office. 10—Application of Commissioner's determinations (section 16(1)(b) of Act) (1) In this regulation, a reference to an enterprise agreement includes a reference to all industrial instruments made in substitution for that agreement. (2) For the purposes of subregulation (1), an industrial instrument will be taken to have been made in substitution for an enterprise agreement irrespective of whether the later instrument covers all employees bound by the earlier instrument. (3) Subject to subregulation (4) and without limiting the operation of subregulation (5), public sector employment outside the Public Service to which Part 7 of the Act applies is employment to which section 16 of the Act applies. (4) A determination of the Commissioner applies to employment by virtue of the operation of subregulation (3) only to the extent that the determination is relevant to the application of the provisions of Part 7 of the Act that apply to the employment and, if those provisions are modified in their application to the employment, to the extent that the determination is relevant to the application of those provisions as so modified. (5) In addition to the operation of subregulations (3) and (4), public sector employment outside the Public Service that is covered by the South Australian Public Sector Enterprise Agreement: Salaried 2021 is employment to which section 16 of the Act applies. (6) A determination of the Commissioner applies to employment by virtue of the operation of subregulation (5) only to the extent that the determination is relevant to— (a) the management of excess employees; or (b) special leave with pay. (7) In addition to the operation of subregulations (3) and (4), public sector employment outside the Public Service that is covered by the ForestrySA Enterprise Agreement 2023 is employment to which section 16 of the Act applies. (8) A determination of the Commissioner applies to employment by virtue of the operation of subregulation (7) only to the extent that the determination is relevant to the management of excess employees. (9) In addition to the operation of the other provisions of this regulation, but subject to subregulation (10), all public sector employment outside the Public Service is employment to which section 16 of the Act applies. (10) A determination of the Commissioner applies to employment by virtue of the operation of subregulation (9) only to the extent that the determination relates to special leave with pay and is relevant to domestic/family violence leave. 11—Publication of Commissioner's determinations (section 16(3)(d) of Act) A determination of the Commissioner under section 16 of the Act must be published as follows: (a) the Commissioner must distribute copies of the determination to the public sector agencies that the Commissioner considers may be affected by the determination; (b) the public sector agency must, on receipt of a determination, take reasonable steps to— (i) make the contents of the determination known to all employees of the agency who are affected by the determination; and (ii) keep copies of the determination readily available for inspection by any such employee. 12—Commissioner's annual report (section 21(2)(c) of Act) The Commissioner's annual report to the Minister must include information with respect to the following: (a) the issuing by the Commissioner of— (i) variations or substitutions of the public sector code of conduct; and (ii) public sector employment determinations; and (iii) guidelines relating to public sector employment matters, during the financial year to which the report relates; (b) the number of occasions on which public interest information has been disclosed to the Commissioner under the Public Interest Disclosure Act 2018 during the financial year to which the report relates. Part 5—Public Service 13—Chief executive's contracts (section 35(3) of Act) A contract of employment of a person as a chief executive of an administrative unit may not exclude or modify section 35 of the Act. Part 6—Public sector employment Division 1—Application of Part 7 of Act 14—Application of Part 7 (section 41 of Act) Pursuant to section 41 of the Act— (a) Part 7 of the Act, or provisions of that Part, apply to public sector employment outside the Public Service; and (b) the application of Part 7 of the Act, and of provisions of that Part, to public sector employment outside the Public Service is modified, as set out in Schedule 1. Division 2—Executives 15—Executives' contracts (section 42(3) of Act) A contract of employment of a person as an executive employee of a public sector agency may not exclude or modify section 9 or 42 of the Act. Division 3—General employment processes and conditions 16—Engagement as term employee (section 45(3)(c) of Act) A person may be engaged as a term employee for a specified term not exceeding 5 years if— (a) the functions are to cease to be public sector functions within a period of 5 years; or (b) the public sector agency is satisfied that the engagement is to be funded wholly or substantially by grants or payments from a government other than the State Government or from a private or community body; or (c) the engagement is as a result of a transfer under section 9 of the Act and immediately before the transfer the person was a public sector employee to whom Part 7 of the Act did not apply and the person's employment was under a contract for a fixed term; or (d) the engagement is for the person to perform duties in the office of a Minister (other than under section 71 of the Act); or (e) the engagement is in accordance with obligations or potential obligations under the Return to Work Act 2014. 17—Merit‑based selection processes (section 46(1) of Act) (1) This regulation sets out how a public sector agency is to conduct selection processes on the basis of merit. (2) A public sector agency must, for the purpose of engaging an employee to perform particular duties— (a) cause applications to be sought in accordance with this regulation and an applicant selected on the basis of merit; or (b) cause an applicant to be selected on the basis of merit from amongst applicants in a pool of applicants that has been established in accordance with this regulation. (3) A public sector agency may establish a pool of applicants from which further selections may be made to engage employees to perform duties of a particular class as from time to time required— (a) by causing applications to be sought in accordance with this regulation and causing selections to the pool to be made on the basis of merit; or Note— The pool could be established on a whole‑of‑government basis (for example, a pool of graduates, apprentices or scholarship candidates) or for the purposes of the particular agency. (b) by causing selections to be made on the basis of merit from amongst a pool or pools of applicants established under paragraph (a) by the agency or some other agency; or (c) by causing selections to be made on the basis of merit from amongst persons who were unsuccessful applicants for public sector employment involving similar duties within the previous 12 months. (4) Subject to any determinations of the Commissioner, a public sector agency may choose to seek and accept applications from public sector employees only. (5) Applications are to be sought by notice published as required by the Commissioner. (6) If appropriate, other additional means may be used to seek applications, including advertising in newspapers or specialist publications, on Internet sites or by email or through recruitment agencies. (7) An applicant must supply any information required in connection with the person's application and must ensure that the information contained in or supplied in connection with the application is accurate and complete. 18—Exceptions to merit‑based selection processes (section 46(2)(d) of Act) (1) Section 46(1) of the Act does not apply— (a) to the transfer of an employee between public sector agencies, or within a public sector agency, provided, subject to paragraphs (b) and (c), that the employee is not promoted to a higher remuneration level; or (b) to the engagement of a person as a term employee, or the temporary promotion of an employee (including through a temporary transfer between public sector agencies or within a public sector agency), for duties required to be performed because of the absence of another employee or while selection processes are conducted in respect of the duties; or (c) to the engagement of a person as a term employee, or the temporary promotion of an employee (including through a temporary transfer between public sector agencies or within a public sector agency), for duties that are otherwise of a temporary nature provided that the term of the engagement or temporary promotion does not continue beyond a total of 2 years; or (d) to changing the basis on which a person is engaged as an employee of a public sector agency to engagement as an ongoing employee, or re‑engaging a person as a term employee, if the person was engaged following a selection process conducted on the basis of merit and the person is to continue to perform the same or similar duties; or (e) to the return of an employee to a home agency following a movement within the public sector to which regulation 6 applies; or (f) to the engagement of an employee in accordance with obligations or potential obligations under the Return to Work Act 2014; or (g) to the engagement of an employee who is excess to the requirements of a public sector agency; or (h) to the promotion of an employee as the result of a determination of the Commissioner affecting classification structures; or (i) if, in a particular case, a chief executive or principal officer of a public sector agency determines that special circumstances exist warranting the engagement of a person without the conduct of merit‑based selection processes in accordance with these regulations taking into account— (i) the person's abilities, aptitude, skills, qualifications, knowledge, experience (including community experience) and personal qualities relevant to the carrying out of the duties in question; and (ii) if relevant— (A) the manner in which the person carried out any previous employment or occupational duties or functions; and (B) the extent to which the person has potential for development. (2) The chief executive or principal officer may not delegate the power to make a determination under subregulation (1)(i). (3) A public sector agency must report to the Commissioner any determinations made under subregulation (1)(i) (providing details of the circumstances warranting the determinations) within 1 month after the end of the financial year in which they were made. (4) In this regulation— absence of an employee from duties means the absence of an employee in circumstances in which the employee may return to the duties. Note— Section 46(2) of the Act provides that section 46(1) does not apply— (a) to the engagement of a casual employee; or (b) to the promotion of an employee by way of reclassification of the employee's remuneration level in accordance with the regulations; or (c) to the engagement of an employee under an employment opportunity program. 19—Excess employees (section 53 of Act) If an employee's remuneration level is reduced under section 53(1)(a) of the Act, the employee is, in the absence of an award or enterprise or industrial agreement covering the matter, entitled to be paid for such a period and subject to such conditions as may be determined by the Commissioner— (a) additional salary so that the employee's salary is the same as that payable before the reduction of the remuneration level; and (b) such allowances and monetary or other benefits (if any) as may be determined by the Commissioner having regard to the employee's remuneration and other benefits before the reduction of the remuneration level. Division 4—Leave and working arrangements 20—Flexible leave and working arrangements (section 51 of Act—Schedule 1 clause 1) (1) The determinations of the Commissioner under Schedule 1 clause 1 of the Act must include arrangements under which an employee of a public sector agency— (a) may be granted up to 15 days leave with pay in a 12 month period for special purposes; and (b) has an entitlement to be granted accrued sick leave as family carer's leave as required by the employee up to a maximum of 10 days in a 12 month period; and (c) has an entitlement to be granted a specified amount of leave with pay on the grounds of giving birth to a child or taking custody of an adopted child; and (d) has an entitlement to be granted leave without pay as required by the employee to enable the employee to be on leave for up to a specified maximum period to undertake the care of a young child not of school age of whom the employee is a parent or is exercising parental responsibilities. (2) The determinations of the Commissioner may include conditions, limitations and exceptions in relation to leave entitlements or granting of leave, including, without limitation, for any of the following purposes: (a) specifying application and other processes (including presentation of relevant supporting documentation) relating to the granting of leave; (b) specifying the purposes for which, and the circumstances in which, leave may be granted; (c) providing for the circumstances in which leave for special purposes, rather than sick leave, may be granted as family carer's leave; (d) requiring a minimum period of continuous service before an employee becomes entitled to be granted leave; (e) if both parents of a child are public sector employees, limiting the circumstances in which leave may be taken concurrently by those employees, or requiring aggregation of their entitlements to leave, for the purposes of undertaking the care of the child; (f) preventing a period of leave without pay extending past the end of the term of a contract of a term employee; (g) excluding casual employees from entitlements. (3) The following provisions apply in relation to part‑time employment: (a) an employee engaged in part‑time employment is required to attend at the employee's place of employment as determined by the agency rather than throughout the hours fixed as ordinary business hours in relation to the agency; (b) the Commissioner's determinations may include— (i) provisions for pro rata adjustments to entitlements to leave, remuneration during periods of leave, or the calculation of service for the accrual of leave entitlements or the taking of leave, to accommodate part‑time employment; (ii) in relation to the taking of long service leave by an employee whose effective service includes part‑time employment, an arrangement under which the employee may nominate whether the adjustments are to apply so as to affect the remuneration to be paid during the leave, the period of the leave or both the remuneration and the period. 21—Ordinary business hours (section 51 of Act—Schedule 1 clause 2) For the purposes of Schedule 1 clause 2 of the Act, the ordinary business hours for a public sector agency are 8.45 am to 5.00 pm Monday to Friday inclusive. 22—Recreation leave (section 51 of Act—Schedule 1 clause 5) (1) Recreation leave may only be granted to an employee of a public sector agency on application made to the agency in a form approved by the agency. (2) Recreation leave must be applied for by an employee of a public sector agency and granted so that the employee's recreation leave entitlement is taken within 24 months after its accrual. (3) For the purposes of subregulation (2), an employee will be regarded as having taken recreation leave within 24 months after its accrual if the leave or any remaining balance of the leave is taken in a continuous period commencing before or at the end of that 24 months. (4) A public sector agency may require or permit an employee to take recreation leave in anticipation of its accrual, without application or later than 24 months after its accrual having regard to— (a) the organisational convenience of the agency; and (b) any other relevant considerations. 23—Sick leave (section 51 of Act—Schedule 1 clause 6) (1) Subject to this clause and the determinations of the Commissioner under Schedule 1 clause 1 of the Act, sick leave may only be granted to an employee of a public sector agency if— (a) the employee, as soon as reasonably practicable, notifies the public sector agency of the employee's unfitness to work due to illness or injury and of the probable duration of the employee's absence; and (b) the employee has made an application to the agency in a form approved by the agency; and (c) in the case of an absence for a continuous period of more than 3 working days or if required by the public sector agency, the employee has supported the application by furnishing a medical or other certificate or certificates in accordance with this regulation. (2) A public sector agency may refuse an employee's application for sick leave if the agency is satisfied on the basis of evidence that has come to its notice that the employee was or is not in fact unfit for work due to sickness or injury for the period for which the leave has been claimed. (3) A public sector agency may grant sick leave otherwise than in accordance with subregulation (1) if the agency determines that it is appropriate to do so. (4) If an absence of an employee of a public sector agency is claimed by the employee to be or have been due to sickness or injury, the public sector agency may— (a) if satisfied that there are circumstances justifying such action, require the employee to submit to a medical examination by a medical practitioner selected by the employee from a panel of medical practitioners nominated by the agency; and (b) if the employee refuses or fails to submit to such an examination, refuse to grant sick leave in respect of the absence. (5) The public sector agency must furnish the employee with a copy of any report on the results of a medical examination required under subregulation (4). (6) A medical certificate referred to in subregulation (1) must— (a) be signed— (i) by a medical practitioner; or (ii) in the case of sickness or injury that gives rise to an absence for a continuous period of not more than 5 working days, by a person (other than a medical practitioner) of a kind approved under the determinations of the Commissioner; and (b) certify as to— (i) the period (specifying its commencing and concluding days) for which the employee has been or will be unfit for work as a result of sickness or injury; and (ii) if the employee is suffering from a sickness of a contagious or infectious character, the date on which the employee's presence at work would no longer create any risk of contagion or infection. (7) If an employee is absent for a continuous period exceeding 1 working week, the employee must for the purposes of subregulation (1), if so required by the public sector agency, furnish medical certificates in respect of each working week and part of a working week for which the employee is absent. (8) An employee's sick leave entitlement must be debited according to the length of time (counted to the nearest quarter of an hour) for which the employee is absent on sick leave. (9) In this regulation— working week of an employee means the number of working days on which the employee is required to work in a week. 24—Long service leave (section 51 of Act—Schedule 1 clauses 7, 8 and 9) (1) Long service leave may only be granted to an employee of a public sector agency on application made to the agency in a form approved by the agency. (2) Subject to any determinations of the Commissioner, long service leave is to be taken at times and for periods agreed on by the employee and public sector agency. (3) Every day occurring during a period of long service leave is (whether it is a working day or not) to be regarded as a day of that leave. (4) An employee may elect to take long service leave on half salary, and in that event— (a) the period of leave is to be twice the period to which the employee would otherwise have been entitled; and (b) the first half of the leave is to be taken to be on full pay; and (c) the second half of the leave is to be taken to be leave without pay. (5) If an employee has been transferred to some other position in the public sector at a lower level of remuneration— (a) under section 77 of the repealed Public Service Act 1967 or on the ground that the employee was unfit to discharge the employee's duties due to injury or illness under section 78 of that Act; or (b) under section 59, 60, 60A or 73A of the repealed Government Management and Employment Act 1985; or (c) under section 50, 51, 52 or 68 of the Public Sector Management Act 1995; or (d) under section 53(1)(a), (b) or (c) of the Act, then, for the purposes of Schedule 1 clause 8 of the Act, additional salary equal to the difference between the salary to which the employee would have been entitled if the employee had continued to be employed at the higher level of remuneration and the salary appropriate to the employee's position during the long service leave will be payable to the employee for a part of the employee's long service leave proportionate to the part of the employee's effective service up until when the employee ceased to be employed at the higher level of remuneration. (6) If an employee of a public sector agency who is entitled to long service leave dies or ceases for any reason to be an employee of the agency, then— (a) in the case of death—the employee's personal representative; or (b) in the case of cessation of service for any other reason—the employee, must be paid, in addition to the amount payable under Schedule 1 clause 9 of the Act— (c) if the employee's service ceases during a year of service—a sum that bears to the salary or wages that would have been payable in respect of long service leave for that year of service if it had been completed the same proportion as the number of complete months served in that year bears to 12; and (d) the allowances (if any) determined by the Commissioner. 25—Conversion of skills and experience retention entitlement (Schedule 1 clause 7(4a) of Act) (1) For the purposes of Schedule 1 clause 7(4a) of the Act— (a) the amount of $249 (indexed) for each working day of skills and experience retention leave accrued during a particular financial year (which will be reduced on a pro rata basis in relation to a part of a working day and in relation to part‑time work) is fixed by these regulations; and (b) an entitlement to such leave may be converted to the amount fixed under paragraph (a) if an election is made to a public sector agency (or an office or division within a public sector agency) nominated by the Minister, in a manner determined by the Commissioner, by 31 August immediately following the financial year in which the entitlement accrues; and (c) an amount payable on account of an election under paragraph (b) will be paid to the employee at a time, and in a manner, determined by the Commissioner for the purposes of this paragraph; and (d) an amount payable in relation to a part of a working day or part‑time work will be determined in a manner determined by the Commissioner. (2) The amount of $249 (indexed) referred to in subregulation (1)(a) is to be adjusted on an annual basis (commencing in relation to days accrued in the 2025/2026 financial year) by multiplying that amount by a proportion obtained by dividing the Consumer Price Index for the March quarter in the immediately preceding financial year by the Consumer Price Index for the March quarter, 2024 (with an adjustment applying according to when a leave entitlement accrues rather than when a payment is made). (3) An amount determined under subregulation (2) is to be rounded up or down to the nearest $1 (and if the amount to be rounded is 50 cents, then the amount is to be rounded up). (4) In this regulation— Consumer Price Index means the Consumer Price Index (All groups index for Adelaide) published by the Australian Bureau of Statistics. 26—Adjustment to leave rights based on prior service (section 51 of Act—Schedule 1 clause 10) The following are prescribed for the purposes of Schedule 1 clause 10 of the Act: (a) officers or employees employed by bodies approved by the Commissioner; (b) officers or employees specifically approved by the Commissioner. Division 5—Review of employment decisions (other than dismissal) 27—Certain matters excluded from right of review (section 59(2) of Act) Part 7 Division 4 Subdivision 2 of the Act (Review of employment decisions (other than dismissal)) does not apply to the following decisions: (a) a decision of a Minister; (b) a decision of the Commissioner under Part 4 of the Act; (c) a decision to the extent that it affects an executive employee; (d) a decision on an application for employment as an executive employee; (e) a decision to the extent that it affects a casual employee (other than a decision on an application by an employee under section 49(3) of the Act); (f) a decision not to re‑engage a term employee at the end of the employee's term of employment; (g) a decision to select an employee as a consequence of selection processes conducted on the basis of merit to the extent that it affects an employee other than an employee who made due application in accordance with the selection processes for the particular duties and was eligible for appointment; (h) a decision to engage, transfer or promote an employee in accordance with the Act and these regulations to the extent that it affects another employee (but not so as to limit the right to apply for review of a decision to select an employee as a consequence of selection processes conducted on the basis of merit); (i) a decision to change the duties of an employee to the extent that it affects another employee; (j) a decision to suspend an employee from duty under section 57(1) of the Act (but a decision under section 57(3) of the Act that the suspension is to be without remuneration is subject to review); (k) a decision to give a direction under section 69(2) of the Act for reduction in salary arising from an employee's refusal or failure to carry out their duties. Note— See also section 59(2) of the Act. 28—Internal review (section 61 of Act) (1) An application for internal review of an employment decision of a public sector agency must be made to the agency, in a form approved by the agency— (a) in the case of a decision to select an employee as a consequence of selection processes conducted on the basis of merit—within 7 days after the day on which the employee is notified by the agency of the outcome of the selection processes; or (b) in any other case—within 21 days after the day on which the employee is notified by the agency of the decision. (2) A public sector agency may, in a particular case, extend the period within which an application for internal review must be made. (3) An application for internal review may be withdrawn by notice in writing signed by the employee and delivered to the public sector agency (or by some other form of notice approved by the agency). (4) An internal review of a decision must commence within 21 days after the making of the application for internal review. (5) An internal review of a decision must be completed within 21 days after the applicant has finished providing information and making submissions on the application. (6) The public sector agency may extend the time for completion of a review but only if there are special reasons in the circumstances of the individual case for doing so. (7) If the employment decision subject to internal review was made personally by the public sector agency or by the chief executive or principal officer of the public sector agency, the review must be conducted by a person who is not an employee of the agency. (8) An internal review must be conducted— (a) as quickly, and with as little formality, as a proper consideration of the matter allows; and (b) in accordance with the rules of natural justice. (9) The parties to an internal review are not to be legally represented, but nothing prevents the applicant from being assisted by a person other than a legal practitioner in presenting their case. Note— Under section 60 of the Act, a public sector agency is required to endeavour to resolve its employees' grievances by conciliation (regardless of the fact that employees may apply for review of its decisions). 29—Application for external review (section 62 of Act) (1) An employee aggrieved by an employment decision of a public sector agency may apply to SAET for a review of the decision without having applied for an internal review of the decision if— (a) the decision was made on an internal review; or (b) the decision is a decision to select an employee as a consequence of selection processes conducted on the basis of merit. (2) If an application is made under subregulation (1), it must be made as follows: (a) in the case of a decision made on an internal review—within 21 days after the day on which the employee is notified by the agency of the outcome of the review; (b) in the case of a decision to select an employee as a consequence of selection processes conducted on the basis of merit—within 7 days after the day on which the employee is notified by the agency of the outcome of the selection processes. (3) An employee aggrieved by an employment decision of a public sector agency may apply to SAET for a review of the decision without an internal review of the decision having been completed if— (a) an application for internal review was made after the period allowed for such an application and SAET is of the opinion that the refusal of the agency to extend the period was unreasonable; or (b) the agency has extended the time for completion of a review and SAET is of the opinion that the extension was unreasonable. (4) If an application is made under subregulation (3), it must be made as follows: (a) in the case of a refusal to extend the period for an application for internal review of a decision—within 7 days after the day on which the employee is notified by the agency of the decision to refuse the extension; (b) in the case of an extension of time for completion of an internal review of a decision—within 7 days after the day on which the employee is notified by the agency of the decision to grant the extension. (5) If an internal review of an employment decision has been completed, an application to SAET for a review of the decision must be made within— (a) in the case of a decision to select an employee as a consequence of selection processes conducted on the basis of merit—7 days; or (b) in any other case—21 days, after the day on which the employee is notified by the agency of the outcome of the internal review of the decision. (6) SAET may extend a limitation of time under this regulation. 30—Conduct of review (section 62 of Act) (1) This regulation applies in relation to proceedings under section 62 of the Act. (2) If an employee of a public sector agency attends proceedings before SAET to give evidence, the employee— (a) will be taken not to be absent from work for the period for which the employee's presence is required for the purposes of the proceedings; and (b) will, if attendance at the proceedings necessitates the absence of the employee from the employee's usual place of employment, be entitled to be reimbursed from the funds of the public sector agency for expenses in respect of travel, accommodation and meals in accordance with rates determined by SAET. (3) At the conclusion of a review, SAET must, at the request of a party to the review, provide the party with a statement of the reasons for SAET's decision on the review. 31—Witness fees If an employee of a public sector agency attends as a witness on a summons, or gives evidence at the request of a party, in proceedings under the Act, the employee is not entitled to an allowance but— (a) will be taken not to be absent from work for the period for which the employee's presence is required for the purposes of the proceedings; and (b) will, if attendance at the proceedings necessitates the absence of the employee from the employee's usual place of employment, be entitled to be reimbursed from the funds of the public sector agency for expenses in respect of travel, accommodation and meals in accordance with rates determined by the Commissioner. Part 7—Miscellaneous 32—Service and receipt of notices (section 80 of Act) (1) Every public sector agency must keep a record of the residential address of each of its employees and, for that purpose and for the purposes of section 80 of the Act, an employee must give the public sector agency notice of their current residential address in writing or in some other form approved by the agency— (a) when so required by the agency; and (b) when there is any change in the employee's residential address. (2) In any proceedings, the date of receipt by an employee of a notice or document required or authorised to be given to or served on the employee may be proved by a certificate in writing certifying— (a) that the copy of the notice or document on which the certificate is endorsed is a true copy of the notice or document in question; and (b) that the person making the certificate served the notice or document on the employee personally on the date specified in the certificate, or sent the notice or document on the date specified in the certificate by post addressed to the employee at the employee's residential address as last notified under subregulation (1). (3) Except where the Act or these regulations provide that a notice must be given in writing or in some other form approved by a public sector agency, a notice may be given directly to an employee by word of mouth or by telephone, fax or email. (4) A notice or document will be taken to have been given or delivered to a public sector agency if the notice or document is given or delivered to the employee for the time being occupying a position or performing duties nominated by the agency for the purpose of the receipt of such notices or documents. Schedule 1—Application of Part 7 of Act (regulation 14) 1—References to industrial instruments (1) A reference in this Schedule to an award or enterprise agreement includes a reference to all industrial instruments made in substitution for that award or agreement. (2) For the purposes of subclause (1), an industrial instrument will be taken to have been made in substitution for an award or enterprise agreement irrespective of whether the later instrument covers all employees bound by the earlier instrument. 2—Long service leave (1) Section 51 of the Act to the extent that it provides that the rights of an employee of a public sector agency to leave are governed by Schedule 1 Part 6 (Long service leave) of the Act applies to— (a) police officers; and (b) employees of the South Australian Fire and Emergency Services Commission, South Australian Metropolitan Fire Service, South Australian Country Fire Service or South Australian State Emergency Service; and (c) public sector employees bound by the South Australian Metropolitan Fire Service Enterprise Agreement 2022; and (d) officers of both Houses of Parliament and persons under the separate control of the President of the Legislative Council or the Speaker of the House of Assembly or under their joint control (other than a person appointed to an office under the Parliament (Joint Services) Act 1985); and (e) public sector employees who do not have an entitlement to long service leave under an Act or under their conditions of employment (other than a person who is remunerated solely by fees, allowances or commission or a person employed by a statutory corporation). (2) However, the provisions of Schedule 1 Part 6 of the Act that provide for an entitlement to skills and experience retention leave under clause 7(1a) of Schedule 1 of the Act will not apply to— (a) any person who is bound by the South Australia Police Enterprise Agreement 2021; (b) any other person who is entitled under a determination of the Commissioner of Police to leave that corresponds to Police Service Leave under clause 38 of the South Australia Police Enterprise Agreement 2021 (including a determination made before that clause came into effect). (3) Section 51 of the Act to the extent that it provides that the rights of an employee of a public sector agency to leave are governed by Schedule 1 clause 7(1), (1a), (2)(a) and (4a) to (5) (inclusive) of the Act applies to persons employed by the Return to Work Corporation of South Australia under Part 5 of the Return to Work Corporation of South Australia Act 1994. (4) Section 51 of the Act to the extent that it provides that the rights of an employee of a public sector agency to leave are governed by Schedule 1 clause 7(1), (1a), (2)(a), (2a) and (4a) to (5) (inclusive) of the Act applies to— (a) persons employed under section 72 of the Act; and (b) without limiting paragraph (a), persons employed in the position of Assistant or Research Officer to a Member of Parliament. (5) For the purposes of this clause, the service or effective service of an employee includes service that would be counted as service or effective service (as the case requires) under Schedule 1 clause 10 of the Act if the employee were a Public Service employee. 3—TAFE SA (1) Part 7 of the Act applies to an employee of the chief executive of TAFE SA under the TAFE SA Act 2012 if— (a) the employee is bound by— (i) the S.A. Public Sector Salaried Employees Interim Award; or (ii) the South Australian Public Sector Enterprise Agreement: Salaried 2021; or (b) the employee is employed in executive level administrative duties. (2) Section 51 of the Act to the extent that it provides for an entitlement to skills and experience retention leave under Schedule 1 Part 6 of the Act (and to the extent that it does not apply under subclause (1)) applies to all employees of the chief executive of TAFE SA under the TAFE SA Act 2012. 4—Urban Renewal Authority Part 7 Divisions 3 and 4 of the Act apply to an employee of the Urban Renewal Authority if, immediately before the commencement of the Public Sector Regulations 2010, Part 7 Division 3 of the Public Sector Management Act 1995 applied to the employee. 5—Education and Early Childhood Services Registration and Standards Board of South Australia (1) Part 7 of the Act, as modified by subclause (2), applies in relation to an employee of the Education and Early Childhood Services Registration and Standards Board of South Australia (the Board) under theEducation and Early Childhood Services (Registration and Standards) Act 2011 if— (a) the employee is bound by— (i) the S.A. Public Sector Salaried Employees Interim Award; or (ii) the South Australian Public Sector Enterprise Agreement: Salaried 2021; or (b) the employee is employed in executive level administrative duties. (2) For the purposes of subclause (1), Part 7 of the Act is modified as follows: (a) sections 42, 45(3), 46, 54(2) and 54(3) do not apply in relation to an employee of the Board; (b) section 48 is taken to be modified such that each employee of the Board is, when engaged as an employee of the Board, at first on probation for 12 months, unless the Board determines that no probation is required or determines a lesser period of probation. 6—Lifetime Support Authority of South Australia (1) Part 7 of the Act, as modified by subclause (2), applies in relation to an employee of the Lifetime Support Authority of South Australia (the Authority) under the Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013 if the employee is bound by— (a) the S.A. Public Sector Salaried Employees Interim Award; or (b) the South Australian Public Sector Enterprise Agreement: Salaried 2021. (2) For the purposes of subclause (1), Part 7 of the Act is modified as follows: (a) sections 42, 43, 44, 45(3), 46, 53(2), 54(2) and 54(3) do not apply in relation to an employee of the Authority; (b) section 48 is taken to be modified such that each employee of the Authority is, when engaged as an employee of the Authority, at first on probation for 12 months, unless the Authority determines that no probation is required or determines a lesser period of probation. 7—Legal Profession Conduct Commissioner (1) Part 7 of the Act, as modified by subclause (2), applies in relation to an employee of the Legal Profession Conduct Commissioner (the Commissioner) under the Legal Practitioners Act 1981 if the employee is bound by— (a) the S.A. Public Sector Salaried Employees Interim Award; or (b) the South Australian Public Sector Enterprise Agreement: Salaried 2021. (2) For the purposes of subclause (1), Part 7 of the Act is modified as follows: (a) sections 42, 43, 44, 45(3), 46, 53(2), 54(2) and 54(3) do not apply in relation to an employee of the Commissioner; (b) section 48 is taken to be modified such that each employee of the Commissioner is, when engaged as an employee of the Commissioner, at first on probation for 12 months, unless the Commissioner determines that no probation is required or determines a lesser period of probation. 8—Health Care Act 2008 (1) Part 7 of the Act, as modified by subclause (2), applies in relation to an employee of an employing authority under the Health Care Act 2008 if— (a) the employee is bound by the South Australian Public Sector Enterprise Agreement: Salaried 2021; or (b) the employee is employed in executive level administrative duties. (2) For the purposes of subclause (1), section 45(3) of the Act does not apply in relation to an employee referred to in that subclause. 9—Commissioner for Children and Young People (1) Part 7 of the Act, as modified by subclause (2), applies in relation to an employee of the Commissioner for Children and Young People under the Children and Young People (Oversight and Advocacy Bodies) Act 2016 (the Commissioner) if the employee is bound by— (a) the S.A. Public Sector Salaried Employees Interim Award ; or (b) the South Australian Public Sector Wages Parity Enterprise Agreement: Salaried 2014. (2) For the purposes of subclause (1), Part 7 of the Act is modified as follows: (a) sections 42, 43, 44, 45(3), 46, 53(2), 54(2) and 54(3) do not apply in relation to an employee of the Commissioner; (b) section 48 is taken to be modified such that each employee of the Commissioner is, when engaged as an employee of the Commissioner, at first on probation for 12 months, unless the Commissioner determines that no probation is required or determines a lesser period of probation. 10—South Australian Housing Trust (1) Part 7 of the Act, as modified by subclause (2), applies in relation to an employee of the Chief Executive of the South Australian Housing Trust if the employee is bound by— (a) the S.A. Public Sector Salaried Employees Interim Award; or (b) the South Australian Public Sector Enterprise Agreement: Salaried 2021. (2) For the purposes of subclause (1), Part 7 of the Act is modified so that sections 45(3) and 54(3) do not apply to an employee referred to in that subsection. 11—Teachers Registration Board of South Australia (1) Part 7 of the Act, as modified by subclause (2), applies in relation to an employee of the Teachers Registration Board of South Australia (the Board) under the Teachers Registration and Standards Act 2004 if the employee is bound by— (a) the S.A. Public Sector Salaried Employees Interim Award; or (b) the South Australian Public Sector Enterprise Agreement: Salaried 2021. (2) For the purposes of subclause (1), Part 7 of the Act is modified as follows: (a) sections 42, 43, 44, 45(3), 46, 53(2), 54(2) and 54(3) do not apply in relation to an employee of the Board; (b) section 48 is taken to be modified such that each employee of the Board is, when engaged as an employee of the Board, at first on probation for 12 months, unless the Board determines that no probation is required or determines a lesser period of probation. 12—Regional landscape boards (1) Part 7 of the Act, as modified by subclause (2), applies in relation to a member of the staff of a regional landscape board who is employed under section 35(4) of the Landscape South Australia Act 2019 if the employee is bound by— (a) the S.A. Public Sector Salaried Employees Interim Award; or (b) the South Australian Public Sector Enterprise Agreement: Salaried 2021. (2) For the purposes of subclause (1), Part 7 of the Act is modified as follows: (a) sections 42, 43, 44, 45(3), 46, 53(2) and 54(3) do not apply to an employee referred to in that subclause; (b) section 48 is taken to be modified such that each employee referred to in that subclause is, when engaged as an employee of the employing authority, at first on probation for 12 months, unless the employing authority determines that no probation is required or determines a lesser period of probation. Schedule 2—Repeal and transitional provision Part 1—Repeal of regulations 1—Repeal of Public Sector Regulations 2010 The Public Sector Regulations 2010 are repealed. Part 2—Transitional provision 2—Transitional provision A determination or approval made or given under or for the purposes of the repealed Public Sector Regulations 2010 that is in force immediately before the commencement of these regulations continues in force as a determination or approval made or given under or for the purposes of any corresponding provision of these regulations, subject to— (a) the conditions (if any) of the determination or approval; and (b) amendment or repeal under these regulations. Legislative history Notes • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Principal regulations Year No Reference Commencement 2025 98 Gazette 28.8.2025 p3613 28.8.2025: r 2

1 Public Sector Regulations 2025

South Australia Public Sector Regulations 2025 under the Public Sector Act 2009

The regulations revolve around a discrete set of recurring regulatory concepts: substantive and actual remuneration, temporary transfer and right of return, merit and exceptions to merit, Commissioner's determinations and publication duties, leave entitlements and operational hours, internal and external review processes, non‑delegable powers, and specified application of Part 7 to bodies outside the Public Service (Schedule 1).

Definitions and pay posture: Regulations 4 and 5 set the rules for what counts as an employee's substantive remuneration level and how a remuneration level is to be determined where no Commissioner determination applies. Reg 4 establishes that substantive remuneration may be the level attached to a right of return or otherwise the level currently applicable (reg 4(a)-(c)). Reg 5 defaults remuneration level to applicable award or industrial agreement where no Commissioner determination applies (reg 5). Those rules immediately affect pay computations, redundancy/excess calculations under Part 7 of the Act, and any decision that relies on an employee’s remuneration level.

Movement and temporary transfers: Reg 6 constructs a "temporary transfer" mechanism where an ongoing employee can move to term or casual employment in a receiving agency while retaining a right to return to the home agency (reg 6(1)-(2)). The right to return is constrained: an employee cannot exercise it early except with home agency agreement (reg 6(3)), and absence beyond two years (or a period otherwise agreed) may trigger a written notice requiring election to return or loss of the right (reg 6(4)-(6)). Receiving agencies must notify home agencies of status changes (reg 6(7)). Upon return, the basis of engagement reverts to the same as before and the employee is to be assigned duties by the home agency, albeit potentially different duties (reg 6(8)). The chief executive may exempt specified areas from the regulation, but that power cannot be delegated and must be reported to the Commissioner annually (reg 6(9)-(11)).

Recruitment and merit: Reg 17 operationalises s 46 of the Act by prescribing how merit‑based selection is to occur, permitting pools for later selection and setting the Commissioner as the source of publication requirements (reg 17(1)-(6)). Reg 18 lists exceptions to the requirement for merit selection, including internal transfers that do not raise remuneration level, temporary promotions or term engagements for cover or short‑term duties (including the 2‑year limit in reg 18(1)(c)), and special circumstance determinations by a chief executive, which are non‑delegable and subject to annual reporting to the Commissioner (reg 18(1)(i)-(3)).

Commissioner instruments and transparency: The Commissioner must publish the public sector code of conduct on the Internet and in the Gazette and must make consolidated copies available for inspection (reg 9). Commissioner determinations are to be distributed to affected agencies, and agencies must take reasonable steps to make determinations known to affected employees and keep copies available for inspection (reg 11). The Commissioner’s annual report must list variations and issuances of the code, determinations and guidelines, and must disclose how often public interest information has been provided to the Commissioner under the Public Interest Disclosure Act 2018 (reg 12).

Leave and working arrangements: The regulations provide specifics on flexible leave (reg 20), ordinary business hours (reg 21), recreation leave (reg 22), sick leave (reg 23), long service leave (reg 24), conversion of skills and experience retention leave at an indexed monetary rate (reg 25), and adjustment of leave rights based on prior service (reg 26). Reg 20 prescribes that Commissioner determinations must include arrangements such as up to 15 days special purposes leave and up to 10 days family carer’s leave drawn from accrued sick leave (reg 20(1)(a)-(b)), together with permitted conditions and exclusions (reg 20(2)).

Review and dispute mechanics: The regulations restrict the scope of Part 7 Division 4 rights of review (reg 27), set internal review time limits and procedural requirements (reg 28), establish timings and rules for external review to the South Australian Employment Tribunal (SAET) (reg 29-30), and provide for reimbursement of travel costs and, in some cases, witness fees (regs 30-31). The time windows differ depending on the type of decision: merit selection outcomes have a 7‑day internal review window (reg 28(1)(a) and reg 29(2)(b)), while other decisions attract 21 days (reg 28(1)(b) and reg 29(2)(a)).

Application of Part 7 outside the Public Service: Schedule 1 lists specific public sector employers and categories of employees to which Part 7 applies and how it is modified. For many statutory bodies and special employers (for example, TAFE SA, the Lifetime Support Authority, certain Boards and the Health Care Act employers), the regulations specify which sections of Part 7 do not apply and where probationary periods are to be set at 12 months (Schedule 1 cll 3-12). This creates a differentiated application of Part 7 across the public sector based on enterprise agreements or role types.

Administrative defaults and publication: The regulations set administrative defaults and publication modalities that create information and process flows: ordinary business hours (reg 21), required content for annual reports (reg 7), written format requirement for travel reports (reg 8), and the obligation for agencies to keep residential address records and accept alternative methods of service unless the Act or regulations require written form (reg 32).

These concepts define the compliance perimeter: agencies must align internal HR practices, procurement of consultants, annual reporting, publication and record keeping with the detailed prescription in the regulations; employees acquire procedural rights and defined entitlements; and the Commissioner and SAET retain oversight and dispute functions as framed here.

The regulations affect three broad categories of actors: public sector agencies and their chief executives/principal officers; employees of those agencies (ongoing, term, casual, executives, and specific categories listed in Schedule 1); and the Commissioner for Public Sector Employment and SAET as institutional actors charged with publication, oversight and dispute resolution.

Agencies and decision‑makers: Every public sector agency is subject to obligations to report, publish and manage employment processes in accordance with the regulations. For example, agencies must include detailed information in annual reports to Ministers (reg 7), must distribute Commissioner determinations to agencies considered affected and then make reasonable steps to inform employees and provide inspection copies (reg 11), and must report certain determinations they make under regs 6(9) and 18(1)(i) to the Commissioner within one month after the end of the financial year (regs 6(11) and 18(3)). Chief executives and principal officers are explicitly vested with decision‑making powers and also constrained by non‑delegation rules: reg 6(10) and reg 18(2) prevent them from delegating certain determinations.

Employees: The regulations directly affect ongoing, term and casual employees by defining substantive remuneration (reg 4), specifying the rules for temporary transfers and rights to return (reg 6), setting maximum terms for term employees in certain circumstances (reg 16), prescribing merit‑based selection mechanics and exceptions (regs 17-18), and spelling out leave entitlements and procedures (regs 20-26). Employees are affected by internal review timeframes and exclusions from review (reg 27), and by requirements to provide their residential address and to keep it updated with the agency (reg 32(1)) because service of notices may be proven by posting to that address (reg 32(2)). Schedule 1 identifies specific employees and employee groups to which modified versions of Part 7 apply (for example police officers, fire services, TAFE SA employees, various Boards, and staff of regional landscape boards).

Executives and chief executives: The regulations place specific constraints on employment contracts for chief executives and executive employees. Reg 13 prohibits a chief executive’s contract from excluding or modifying s 35 of the Act, and reg 15 prohibits an executive employment contract from excluding or modifying s 9 or s 42 of the Act. These rules directly constrain contract drafting and negotiation for senior appointments.

The Commissioner and SAET: The Commissioner is required to publish the code of conduct, distribute and publish determinations, include specified information in the Commissioner’s annual report, and make determinations that have application across parts of the public sector (regs 9, 11, 12, 10). SAET is given procedural responsibilities in reviews under section 62 of the Act. Reg 30(2) prescribes certain travel reimbursement rates determined by SAET for employees attending proceedings; reg 29 sets SAET’s role in external review and confers an ability to extend time limits.

Third parties and external stakeholders: The regulations require agencies to disclose particulars of external consultancy usage in annual reports (reg 7(n)), which may affect consultants and procurement reporting. The requirement to publish the public sector code in the Gazette and on the Internet (reg 9) and to make determinations available for inspection (reg 11) increases public access to governance instruments, which may have reputational and transparency impacts for agencies and their suppliers.

Who pays: The regulations create routine cost lines for agencies. Agencies bear the cost of publication (Gazette and Internet) and of maintaining consolidated copies for inspection (reg 9). Agencies must report to the Commissioner on determinations and publish particulars of consultancies as part of annual reports (reg 7, reg 6(11), reg 18(3)), which imposes administrative costs. Agencies are required to reimburse employees for travel, accommodation and meals where attendance at SAET proceedings is necessary or when employees attend proceedings at the request of a party (regs 30(2)(b), 31(b)); those reimbursements come from agency funds. Agencies also have to administer leave and calculate indexed conversions of skills and experience retention leave per the formula in reg 25, with the attendant payroll effects.

Who decides: Chief executives and principal officers make determinations under the regulations (for example, exempting areas from reg 6 or making special circumstance hires under reg 18(1)(i)), but some decisions are explicitly non‑delegable (regs 6(10), 18(2)). The Commissioner issues determinations, variations of the code of conduct and guidelines, and determines publication modalities (regs 9-12). SAET decides external reviews, can extend time limits (reg 29(6)), and determines certain reimbursement rates (reg 30(2)). Agencies decide on operational matters such as ordinary business hours (set by reg 21), approval forms for applications for recreation, long service and sick leave (regs 22(1), 24(1), 23(1)(b)), and the form of internal review (reg 28(1)) subject to procedural constraints.

What behaviour changes: The regulations require agencies to standardise recruitment and selection processes (reg 17), tighten record keeping and address updating (reg 32), adopt explicit temporary transfer mechanics and right of return procedures (reg 6), standardise leave processes and limits (regs 20-26), and adjust annual reporting templates to include specified metrics such as consultant usage and fraud instances (reg 7). Agencies must also ensure contracts for chief executives and executives comply with anti‑contracting‑out provisions (regs 13 and 15). These rules push agencies to adopt specific administrative processes and to centralise some forms of oversight through reporting to the Commissioner and publication duties.

This section maps the principal statutory duties placed on agencies and the rights accorded to employees by the regulations, with precise citations.

Duties on agencies

Publication and availability of the code of conduct: The Commissioner must publish the public sector code and variations on the Internet and in the Gazette and keep a consolidated copy available for inspection at the Commissioner's office (reg 9). Agencies must, once they receive determinations, take reasonable steps to make the contents known to affected employees and keep copies readily available (reg 11(b)(i)-(ii)).
Annual reporting obligations: A public sector agency’s annual report to its Minister must include defined categories of information and statistics, including functions, administrative legislation, organisational structure, operations and initiatives (with assessments of effectiveness and efficiency), executive employment, performance management systems, instances and nature of fraud and strategies to control fraud, number of public interest disclosures under the Public Interest Disclosure Act 2018, audited financial statements and external consultancy engagement particulars including total costs (reg 7(a)-(n)).
Reporting of specified determinations: Where a chief executive makes determinations excluding parts of reg 6 or makes special circumstance determinations under reg 18(1)(i), the agency must report the making, variation or revocation of such determinations to the Commissioner within one month after the end of the financial year in which they were made, providing details of the circumstances warranting them (regs 6(11), 18(3)).
Record keeping and service of notices: Agencies must keep records of each employee’s residential address and require employees to notify the agency when required and when there is any change (reg 32(1)). Agencies receive notices if delivered to a nominated position specified for receipt (reg 32(4)).
Recruitment processes and posting: Agencies must seek applications as required by the Commissioner and select on the basis of merit or from Commissioner‑approved pools (reg 17(2)-(6)). Agencies may, subject to Commissioner’s determinations, limit applicant pools to public sector employees only (reg 17(4)).
Leave administration: Agencies must approve forms for recreation, long service and sick leave applications (regs 22(1), 24(1), 23(1)(b)), manage accruals and debits to leave accounts (reg 23(8)), enforce medical certificate requirements for sick leave claims beyond prescribed durations (reg 23(1)(c), 23(6)), and administer skills and experience retention leave conversion in accordance with reg 25.
Reimbursements: Agencies are required to reimburse employees for travel, accommodation and meals where attendance at SAET proceedings is required (reg 30(2)(b)) and similarly to reimburse employees attending as witnesses (reg 31(b)), in accordance with the relevant rate‑setting authority.

Rights of employees

Right to return on temporary transfer: An ongoing employee who accepts term or casual employment in another agency under the temporary transfer rules is to transfer with a right to return to the home agency (reg 6(2)). The employee may only be required to make an election to return after specified periods, and failure to elect results in loss of the right to return (reg 6(4)-(6)).
Merit selection rights: Employees have the procedural right to merit‑based selection for engagements to perform particular duties unless one of the specified exceptions applies (reg 17(2) and reg 18). Where selection processes are conducted on the basis of merit, affected employees have short internal review windows (7 days) and external review access to SAET (regs 28(1)(a), 29(2)(b)).
Leave entitlements: Employees have entitlements prescribed or to be included in Commissioner determinations for flexible leave, family carer’s leave (from accrued sick leave) up to 10 days, special purposes leave up to 15 days, birth/adoption leave and unpaid leave for care of young children as specified (reg 20(1)(a)-(d)). Long service leave rules, including pro rata payments on cessation or death and options to take half‑salary translations, are set out in reg 24.
Review rights and remedies: Employees have internal review rights with specified application and completion timeframes (reg 28) and may apply to SAET for external review under particular rules (reg 29). SAET may extend time limits (reg 29(6)) and must provide a statement of reasons at a party’s request after a review (reg 30(3)). Certain decisions are excluded from review (reg 27), which both limits and clarifies review rights.
Reimbursement where required to attend proceedings: An employee required to attend SAET or who gives evidence at the request of a party will not be treated as absent from work for the period required and is entitled to reimbursement for travel, accommodation and meals per the relevant rates (reg 30(2)). Similarly, if an employee attends as witness on a summons or gives evidence at the request of a party, the employee is taken not to be absent and is entitled to reimbursement under reg 31(b).

Constraints on contracting and delegation

Non‑excludability in contracts: Contracts for chief executives and executive employees cannot exclude or modify specified sections of the Act: chief executive contracts cannot exclude/modify s 35 (reg 13); executive employment contracts may not exclude/modify s 9 or s 42 (reg 15). This prevents contractual arrangements that would conflict with the statutory framework.
Non‑delegable determinations: The power to make, vary or revoke certain determinations under regs 6(9) and 18(1)(i) is non‑delegable (regs 6(10), 18(2)), which is a legal constraint on administrative delegation and centralises accountability in the chief executive or principal officer.

Together, these duties and rights create an administratively detailed regime that prescribes what agencies must publish and record, how recruitment and movement of staff should occur, what leave and pay calculations apply, what procedural protections employees have when contesting decisions, and which powers must be exercised personally by senior executives.

The regulations themselves mostly establish administrative obligations, procedural rules and rights to review rather than creating new criminal offences or express monetary penalties. Enforcement and remedies therefore operate through administrative compliance obligations, statutory invalidity or review, reporting obligations to the Commissioner, internal governance consequences, and review by SAET as provided by the Act.

Administrative enforcement mechanisms

Reporting and publication obligations: Several provisions require agencies to produce, publish or report information. For example, the Commissioner must publish the code (reg 9); agencies must include specific items in annual reports (reg 7); and agencies must report determinations made under certain non‑delegable powers to the Commissioner within prescribed times (regs 6(11), 18(3)). Failure to comply with reporting and publication duties would normally be an administrative breach subject to internal oversight and potential ministerial or Commissioner inquiry, rather than instant criminal sanction. The regulations do not prescribe a fine or criminal sanction for non‑publication or non‑reporting; the Act’s enforcement apparatus would therefore be the consequential route.
Non‑delegable decisions: The non‑delegation provisions (regs 6(10), 18(2)) mean that a purported delegation of the prohibited power would be legally ineffective. The practical enforcement mechanism is judicial or tribunal review: an affected party could seek relief on the basis the decision was invalidly made because the power was improperly delegated. The regulations do not prescribe a penalty, but invalidity of actions taken under an improper delegation is the standard legal consequence.

Review and tribunal enforcement

Internal review and SAET: The regulations set out timeframes and routes for internal review (reg 28) and for external review to SAET (regs 29-30). SAET has procedural powers to extend time limits (reg 29(6)) and must provide reasons on request (reg 30(3)). The tribunal’s decisions and directions are the primary enforcement mechanism for individual employee rights created by the Act and regulations. Enforcement of SAET orders occurs under the Act’s and tribunal's usual powers, not the regulations themselves.
Application exclusions: Reg 27 lists decisions excluded from the internal and external review regime under Part 7 Division 4. The practical effect is to limit the types of agency decisions that can be challenged by review, directing disputes about those excluded matters to other available channels if any.

Financial reimbursements and payroll obligations

Reimbursement obligations are concrete and enforceable as administrative liabilities: agencies must reimburse employees for travel expenses where attendance at SAET proceedings is required (reg 30(2)(b)) and similarly for witnesses in proceedings under the Act (reg 31(b)). Failure to reimburse would create an actionable liability for the agency, recoverable by the employee, and potentially reviewable by SAET or other remedies depending on the Act’s dispute resolution structure.

Indirect enforcement: transparency and political accountability

Publication of consultancy spend, fraud instances and public interest disclosure counts in annual reports (reg 7(j)-(l), (n)) creates reputational exposure and scrutiny from Parliament, Ministers, auditors and the public. That exposure is an indirect enforcement channel: agencies failing to account for required matters face oversight by the Auditor‑General (reg 7(l)(i)) and ministerial scrutiny.

Limits in the regulations

No new criminal penalties or express pecuniary fines: The regulations do not create new criminal offences nor specify monetary penalties or infringement notices for non‑compliance. Compliance pressure arises from administrative oversight, tribunal review, possible invalidity of acts, and public/ministerial accountability mechanisms.
Reliance on the Act and existing institutional remedies: Enforcement of breaches of the regulations will therefore largely depend on the Act’s enforcement framework, the Commissioner’s powers, SAET’s remedial jurisdiction, and ministerial or parliamentary oversight, rather than on penalties stated in the regulations themselves.

Implementation risk and practical enforcement uncertainty

Where the regulations impose reporting deadlines (for example, reporting determinations to the Commissioner within 1 month after the end of the financial year, regs 6(11) and 18(3)), the practical sanction for late or inaccurate reporting is not spelled out. Non‑compliance would expose agencies to follow‑up by the Commissioner, potential adverse findings in the Commissioner’s annual report (reg 12), or scrutiny by Ministers and the Auditor‑General, but the regulations leave substantial discretion about remedial steps.
The regulations create obligations that are reliant on other decision‑makers (the Commissioner for publication, SAET for reimbursement rate settings relating to proceedings). Compliance therefore depends on interagency coordination and clarity of instruments (for example, different rate‑setting authorities apply in reg 30(2) and reg 31(b), producing potential administrative ambiguity to be managed by agencies).

In sum, enforcement under the regulations is largely administrative and remedial rather than penal; agencies’ liabilities under the regulations will be remedied through obligatory reimbursements, tribunal orders, invalidity of improperly delegated decisions, reputational and parliamentary oversight, and the Commissioner’s supervisory role as reflected in reporting and publication duties.

The regulations operate as subordinate legislation under the Public Sector Act 2009 and expressly interact with a number of other statutory instruments and legal frameworks. The text itself references and relies on multiple statutes and industrial instruments, and Schedule 1 modifies the application of Part 7 of the Act for specific statutory bodies and industrial instruments.

Interaction with the Act and subordinate instruments

Framework relationship: The regulations are made under the Act and repeatedly reference specific provisions of the Act,see for example regulation titles and cross references (for example regulation 4: "Substantive remuneration level (section 3 of Act)"; regulation 6: "Rules relating to movement of employees within public sector (section 9(5) of Act)"). The regulations operationalise and modify how the Act applies in specific contexts, and where the regulations say Part 7 applies (reg 14 and Schedule 1), they both extend and modify the operation of that Part to specified employment contexts.
Non‑contravention of awards/agreements: Regulation 5 provides that where no Commissioner determination applies, an employee’s remuneration level is to be determined according to any applicable award or agreement under an industrial relations law. Schedule 1 further clarifies references to awards and enterprise agreements (Schedule 1 cl 1) and treats later industrial instruments as substitutions for prior awards or agreements (Schedule 1 cl 1(1)-(2)). Thus, the regulations explicitly preserve the relevance of industrial instruments that operate under wider industrial relations laws.

Cross-references to other Acts

Public Interest Disclosure Act 2018: Agencies are required to report the number of occasions on which public interest information has been disclosed to a responsible officer under the Public Interest Disclosure Act 2018 in their annual reports (reg 7(k)). The Commissioner must also include the number of disclosures made to the Commissioner under the Public Interest Disclosure Act 2018 in the Commissioner’s annual report (reg 12(b)). Those cross‑references integrate whistleblower statistics into public sector transparency reporting.
Return to Work Act 2014: Several provisions make explicit reference to obligations or potential obligations arising under the Return to Work Act 2014 (see reg 16(e) and reg 18(1)(f)) in relation to engaging term employees or exceptions to merit selection. These references preserve the primacy of statutory worker‑compensation or return‑to‑work obligations when agencies make staffing decisions.
Health Care Act 2008, Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013, Teachers Registration and Standards Act 2004, Children and Young People (Oversight and Advocacy Bodies) Act 2016, TAFE SA Act 2012 and other statutes: Schedule 1 makes specific modifications to the application of Part 7 for employees under these Acts, including removing applicability of certain sections of Part 7 and specifying probationary arrangements (Schedule 1 cll 3-11). Those modifications create tailored interfaces with sectoral statutes and enterprise agreements.

Tribunal and industrial interaction

SAET (South Australian Employment Tribunal): The regulations rely on SAET for external review under section 62 of the Act. Reg 30(2) also prescribes SAET as the rate‑setting authority for reimbursements for employees attending proceedings under section 62. That creates an institutional interface where SAET’s procedural and rate determinations affect agencies’ administrative liabilities.
Industrial instruments and agreements: The regulations repeatedly accommodate existing industrial instruments and enterprise agreements. For instance, Schedule 1 identifies employees covered by particular enterprise agreements (for example South Australian Public Sector Enterprise Agreement: Salaried 2021 and ForestrySA Enterprise Agreement 2023) and calibrates the operation of Commissioner determinations vis‑à‑vis those agreements (reg 10(1)-(8)). Reg 5 similarly assigns an award/agreement role to determine remuneration levels where the Commissioner has not made a determination.

Continuity with repealed regulations

Repeal and transitional provisions: Schedule 2 repeals the Public Sector Regulations 2010 and preserves any determination or approval made under those regulations that is in force immediately before commencement, continuing it as a determination or approval under any corresponding provision of the new regulations (Schedule 2(1)-(2)). This preserves continuity and avoids legal gaps where agencies are operating under pre‑existing determinations.

Operational interdependence and compliance tensions

Publication obligations across instruments: The requirement to publish the public sector code in the Gazette and Internet (reg 9) interacts with other legal publication requirements, and agencies must align their document retention and availability practices across statutes.
Pension, superannuation and awards: While the regulations address remuneration levels and leave entitlements, they preserve the operation of industrial awards and agreements (reg 5 and Schedule 1 cl 1). Agencies must therefore reconcile regulations with applicable award provisions and Commonwealth or State industrial law frameworks where relevant.

In short, the regulations do not operate in isolation. They are constructed to work within existing industrial relations frameworks, sectoral statutes and tribunal processes. They extend Part 7’s operation to certain entities while tailoring its application via Schedule 1. Compliance therefore requires attention to the Act, relevant enterprise agreements, sectoral statutes listed in Schedule 1, SAET procedures and rate determinations, and the Public Interest Disclosure Act 2018, among others.

The regulations are the principal Public Sector Regulations 2025, commencing on the day they were made (reg 2). Schedule 2 explicitly repeals the Public Sector Regulations 2010 and provides transitional arrangements to preserve determinations and approvals made under the repealed regulations (Schedule 2 Part 1 and Part 2).

Principal legislative entry and commencement

The regulations are cited as Public Sector Regulations 2025 (reg 1) and come into operation on the date they are made (reg 2). According to the Legislative history at the end of the instrument, the principal regulation was made in 2025, No 98, Gazette 28.8.2025 p3613, with commencement dated 28.8.2025 (Legislative history note).

Repeal and continuity

Schedule 2 Part 1 repeals the Public Sector Regulations 2010 (Schedule 2 cl 1). Schedule 2 Part 2 contains a transitional provision (cl 2) preserving determinations or approvals made under the repealed regulations, which continue in force as a determination or approval under a corresponding provision of the 2025 regulations, subject to any conditions of the determination or approval and subject to amendment or repeal under the 2025 regulations. This preserves legal continuity for agencies and employees already operating under determinations made under the 2010 regulations.

Amendment mechanics in the instrument

The instrument itself contains no further schedules amending or replacing prior amendments, but it expressly captures substitution principles for industrial instruments (Schedule 1 cl 1), treating later instruments as being in substitution for earlier awards or agreements irrespective of coverage boundaries. That is an internal amendment device that affects how subsequent industrial instruments interact with the regulations.

No other amendment history is recorded in the regulations text provided. The instrument’s Legislative history notes its gazettal reference and commencement date but does not list prior amendments because it is the new principal regulations replacing the 2010 Regulations. For anyone tracking legislative change, the key points are: repeal of the 2010 regulations, transitional preservation of existing determinations, and the incorporation of multiple specific adjustments of Part 7 via Schedule 1 for particular bodies.

Practically, the repeal and transitional continuity mean that legal and HR teams should treat pre‑existing determinations as still operable unless and until expressly amended under the new regulations, and agencies should review whether any of those determinations must be updated to reflect the new obligations and reporting cycles introduced in 2025 (for example the one‑month after financial year reporting requirements in regs 6(11) and 18(3)).

The Public Sector Regulations 2025 as presented do not include any judicial or tribunal determinations within the instrument text. The instrument lists legislative history and the repeal of the 2010 regulations, but it does not record any litigation or case law. The regulations themselves reference SAET as the tribunal for reviews under section 62 of the Act (see regs 29-30), but there are no cases, appeals, or judicial pronouncements mentioned or embedded in the text.

What that absence means practically

No precedent recorded in the instrument: The regulations were made as subordinate legislation; they set procedural and substantive rules but do not provide a litigation record. Practitioners must therefore look beyond the instrument to the Act, SAET decisions, and any judicial review cases that concern the Act or the repealed 2010 regulations for interpretive guidance.
Transitional preservation of prior determinations: Schedule 2(2) preserves determinations under the repealed 2010 regulations, which implies that any litigation concerning those determinations may remain relevant, but the regulations themselves do not cite decisions.

Where to look for litigation: Given the role of SAET in reviews and the Commissioner’s administrative functions, the likely sources of case law relevant to these regulations are: SAET decisions interpreting Part 7 of the Act and the specific administrative procedures affected by the regulations (for example, invalid delegation challenges in relation to non‑delegable decisions under regs 6 and 18), judicial review proceedings in the Supreme Court on administrative law grounds (natural justice, invalid delegation, statutory interpretation) and any decisions involving the public sector code of conduct or Commissioner determinations.

Because the regulations are new and replace the 2010 regulations, litigation over interpretations of the 2025 instrument will develop over time. At present, the instrument itself does not cite any decided cases or litigation history.

This section flags specific textual features and operational pitfalls in the regulations that can create legal or administrative traps for agencies, employees and advisors. Each item is grounded in the regulation text.

Short internal review windows for merit selections: Reg 28(1)(a) gives only 7 days to apply for internal review of a decision to select an employee following merit selection. That is a shorter timeframe than the 21 days for other decisions (reg 28(1)(b)). Employers must ensure notification processes for selection outcomes are robust and that statements of outcome are clear, because an employee may be time‑barred quickly from internal review if they are not promptly notified.
Non‑delegable powers and the risk of invalid decisions: Reg 6(10) and reg 18(2) state that chief executives or principal officers may not delegate certain powers (for example to make determinations under regs 6(9) and 18(1)(i)). A purported delegation may be legally ineffective and any action taken under it vulnerable to invalidity challenges. Agencies must document who makes these decisions and ensure they are made personally by the statutory office-holder.
Conflicting rate authorities for reimbursements: Reg 30(2)(b) directs reimbursement "in accordance with rates determined by SAET" for attendance at SAET proceedings, whereas reg 31(b) requires reimbursement "in accordance with rates determined by the Commissioner" for an employee attending as a witness in proceedings under the Act. This creates potential administrative complexity as two different authorities set relevant rates depending on the context. Agencies should maintain separate processes or seek clarification to ensure correct rate application.
Right to return time traps: Under reg 6(4)-(6), a home agency may require an employee absent for more than two years (or another agreed period) to elect to return or lose the right to return. The requirement to elect is triggered by the home agency issuing written notice; the employee then has at least 28 days to elect. If the home agency fails to provide adequate written notice, disputes about loss of the right may arise. Agencies should maintain precise records of temporary transfers and written notices.
Conversion of skills and experience leave deadline: Reg 25(1)(b) states an employee must elect by 31 August immediately following the financial year in which the entitlement accrues to convert skills and experience retention leave to cash. Missing that deadline loses the option. Payroll and HR systems must flag accruals and deadlines in time for employee election, and agencies must process indexed amounts under reg 25(2)-(3).
Ordinary business hours and part‑time attendance nuance: Reg 21 sets ordinary business hours at 8.45 am-5.00 pm, Monday to Friday. Reg 20(3)(a) clarifies that part‑time employees are required to attend at the employee’s place of employment as determined by the agency rather than throughout the hours fixed as ordinary business hours. Agencies must ensure contracts and rosters avoid mismatching obligations, and clarify expectations in work location rather than merely citing ordinary hours.
Publication obligations extend beyond Internet posting: Reg 9 requires the Commissioner to publish the code "on the Internet and in the Gazette" and to make a consolidated copy available for inspection at the Commissioner's office. Agencies receiving determinations must circulate them to affected agencies and take reasonable steps to make contents known and keep copies readily available for inspection (reg 11). Publication in the Gazette may trigger administrative scheduling and costing that agencies and the Commissioner must plan for.
Exceptions to merit selection are extensive and the "special circumstances" exception is reportable: Reg 18 lists many exceptions to selection on merit; subsection (1)(i) allows a chief executive to determine that special circumstances warrant a non‑merit appointment but the power is non‑delegable (reg 18(2)) and must be reported to the Commissioner within one month after the end of the financial year with details of circumstances (reg 18(3)). Use of this exception necessarily creates a reporting trail and potential scrutiny.
Scope of exclusions from right of review: Reg 27 excludes many decision types from Part 7 Division 4 review, including decisions of a Minister and decisions affecting executive employees. Practitioners must map which agency decisions are subject to review and which are not to avoid misdirected applications and missed timeframes.
Schedule 1 modifications are dispersed and specific: The application and modification of Part 7 across a range of bodies in Schedule 1 is granular. For example, several bodies have specific sections of Part 7 disapplied and a mandatory default probation period (often 12 months). Failing to reconcile the tailored modifications in Schedule 1 with agency HR processes creates compliance risk for those entities.
Annual reporting obligations are detailed and may require cross‑agency data: Reg 7 requires agencies to report not only on organisational and operational matters but also on number and nature of fraud instances, consultancy engagement and costs, performance management effectiveness assessments, and number of Public Interest Disclosure Act disclosures. Collecting and auditing these data for annual reporting requires coordination with internal audit and finance functions.
No express penalties in the regulations: Because the regulations do not specify fines for non‑compliance, enforcement will be administrative or tribunal‑based under the Act. Agencies may misread this as leniency; in practice, non‑compliance can lead to reputational damage, Auditor‑General scrutiny or tribunal litigation. Agencies need governance frameworks to manage the obligations proactively.

These "gotchas" are practical triggers that require administrative systems, legal sign‑offs and version control to mitigate risk.

This section sets out a focused, actionable compliance checklist grounded in specific provisions of the regulations. It is organised for agencies, HR/legal teams, and for the Commissioner’s office.

Update key policies, templates and contracts

Ensure chief executive contracts cannot exclude or modify s 35 of the Act (reg 13) and that executive employment contracts cannot exclude or modify s 9 or s 42 (reg 15). Review and, if necessary, amend contract templates and offer letters accordingly.
Update recruitment policy to reflect merit selection mechanics in reg 17, including procedures for establishing applicant pools (reg 17(3)) and Commissioner‑prescribed publication rules (reg 17(5)). Add a compliance checklist to document why any exception under reg 18 applies.

Permanent record keeping and address updates

Implement employee address collection and update procedures to satisfy reg 32(1). Store the residential address in a searchable, auditable system, and require written or agency‑approved forms for address notification. Ensure HR processes can produce the certificate required to prove service by post described in reg 32(2).

Temporary transfer and right to return processes

Create a temporary transfer template that documents the right to return, length of engagement, and conditions for early return (reg 6(2)-(6)). Maintain an escalation list for transfers nearing the 2‑year threshold and a pre‑populated notice template to require elections as allowed under reg 6(4). Log all receiving agency notifications to home agencies as required by reg 6(7).

Non‑delegable decisions and governance

For decisions that cannot be delegated (regs 6(10), 18(2)), establish a signatory and recording process to evidence that the chief executive or principal officer personally made the decision, including reasons and legal authority. Implement a trusteeship log to prevent improper delegation.

Reporting to the Commissioner and publication

Calendar the one‑month after financial year reporting obligations for determinations made under regs 6(9) and 18(1)(i) (regs 6(11), 18(3)) and allocate responsibility to a compliance officer. Prepare templates that capture “details of the circumstances warranting the determinations” as required.
For Commissioner instruments (reg 9) and agency distribution obligations (reg 11), create a distribution and publication checklist so copies are distributed to affected units, employee notification steps are documented, and copies are kept ready for inspection.

Annual report and audit items

Revise annual report templates to include all required items in reg 7(a)-(n). In particular, prepare a process to collect and validate: number and nature of fraud instances and anti‑fraud strategies (reg 7(j)); number of public interest disclosures under the Public Interest Disclosure Act 2018 (reg 7(k)); external consultancy engagement and total costs (reg 7(n)); and audited financial statements (reg 7(l)(i)). Coordinate with internal audit and finance to verify accuracy.

Leave administration and payroll systems

Implement rules for flexible leave entitlements as required by reg 20(1), including up to 15 days special purposes leave and conversion of accrued sick leave to family carer’s leave up to 10 days. Prepare forms and processes to apply Commissioner determinations, including minimum service requirements and documentation required (reg 20(2)).
Program the skills and experience retention leave conversion rules in payroll: the baseline conversion amount of $249 per working day (indexed) (reg 25(1)(a)), the election timing (by 31 August following the financial year of accrual) (reg 25(1)(b)), CPI adjustment calculation (reg 25(2)-(3)), and rounding rules (reg 25(3)). Ensure payroll can pro‑rata for part days or part‑time work under reg 25(1)(d).
Apply ordinary business hours (reg 21) to entitlements calculations and explicitly note the part‑time attendance rule in job contracts and rosters (reg 20(3)(a)).

Recruitment, merit exceptions and documentation

For each non‑merit hiring instance under reg 18(1)(i), create a template capturing reasons that take account of the required factors (abilities, aptitude, skills, qualifications, experience and personal qualities, and previous employment performance where relevant) and evidence the chief executive’s personal decision. Schedule annual reporting to the Commissioner (reg 18(3)).
Maintain records of pool establishment and use per reg 17(3) and publish vacancies as required by the Commissioner (reg 17(5)).

Internal and external review handling

Update internal review procedures to meet the timing rules: applications within 7 days for merit selection decisions and 21 days for other decisions (reg 28(1)); internal review must commence within 21 days of application and be completed within 21 days after the applicant finishes providing submissions (reg 28(4)-(5)). Build into case management the ability to extend completion time only for “special reasons” (reg 28(6)), and ensure where a decision was made personally by agency leadership the review is conducted by someone outside the agency (reg 28(7)).
For external reviews to SAET, design filings to meet the timelines of reg 29 and include a checklist to determine when an employee may apply without a completed internal review (reg 29(1)-(4)).

Reimbursement and witness attendance processes

Implement a procedure to reimburse travel, accommodation and meals when an employee is required to attend SAET proceedings (reg 30(2)(b)) and for witness attendance in proceedings under the Act (reg 31(b)). Note differing rate authorities (SAET for reg 30(2)(b); Commissioner for reg 31(b)) and reconcile these rates with finance. Retain receipts and travel authorisation records to support reimbursements.

Schedule 1 special‑case entities

Entities listed in Schedule 1 have bespoke modifications. Review Schedule 1 carefully against existing employment terms. For example, TAFE SA (Schedule 1 cl 3) and boards listed in Schedule 1 (cll 4-11) may have sections of Part 7 disapplied and probation rules modified. Ensure HR policy reflects the exact Schedule 1 modifications for that entity.

Training, auditing and record retention

Provide briefings to HR, recruitment panels, legal and finance teams on the new rules, non‑delegation constraints, reporting obligations and timeline sensitivities (especially 7‑day review windows for merit selections and 31 August conversion deadline for retention leave).
Schedule regular compliance audits to ensure reporting to the Commissioner (regs 6(11), 18(3)) and annual report content (reg 7) are accurate and complete.

Engage early with the Commissioner and SAET where ambiguity exists

For novel issues,e.g., classification of an unusual temporary transfer or ambiguous application of Schedule 1,engage the Commissioner for guidance or contemporaneously document the legal rationale for an approach and report it in the mandated annual reporting cycle. Where timeframes for review are tight or disputes about invalid delegation arise, seek SAET guidance or a binding determination if possible.

By working through this checklist and embedding the textual deadlines, non‑delegation rules, publication obligations and leave/pay mechanics into HR and governance systems, agencies can operationalise compliance with the regulations while creating an auditable trail to support transparency and defence in disputes.

Public Sector Regulations 2025

Plain English Summary

Deep Dive

What it does

Current sections

Public Sector Regulations 2025

Source text: opening excerpt

1 Public Sector Regulations 2025

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply