Government Sector Employment Act 2013

This Act is the Government Sector Employment Act 2013.

This Act commences on a day or days to be appointed by proclamation.

In this Act—

Department means a Department of the Public Service listed in Part 1 of Schedule 1.

financial year means a period of 12 months starting on 1 July.

function includes a power, authority or duty, and exercise a function includes perform a duty.

government sector comprises all of the following (other than any service in which persons excluded from this Act by section 5 are employed)—

the Public Service,

the Teaching Service,

the NSW Police Force,

the NSW Health Service,

the Transport Service of New South Wales,

any other service of the Crown (including the service of any NSW government agency),

the service of any other person or body constituted by or under an Act or exercising public functions (such as a State owned corporation), being a person or body that is prescribed by the regulations for the purposes of this definition.

government sector agency means—

in the case of the Public Service—a Public Service agency, or

in the case of any other service in the government sector—the group of staff comprising the service or (subject to the regulations) any separate group of that staff,

and the head of a government sector agency means the head of the Public Service agency (where paragraph (a) applies) or the person who exercises employer functions in relation to the relevant staff (where paragraph (b) applies).

government sector employment rules means rules made by the Commissioner under section 12.

head of a Public Service agency means—

in the case of a Department—the Secretary of the Department, or

in any other case—the head of the agency listed in Part 2 or 3 of Schedule 1.

Public Service means the Public Service of New South Wales referred to in Part 4.

Public Service agency means—

a Department, or

a Public Service executive agency (being an agency related to a Department), or

a separate Public Service agency.

Public Service Commission Advisory Board (or Advisory Board) means the Public Service Commission Advisory Board established under Division 2 of Part 3.

Public Service Commissioner (or Commissioner) means the Public Service Commissioner appointed under Division 1 of Part 3.

Public Service employee means a person employed in ongoing, term, temporary, casual or other employment, or on secondment, in a Public Service agency (and employee of a Public Service agency means a person so employed, or on secondment, in the Public Service agency).

Public Service executive agency related to a Department means a Public Service agency listed in Part 2 of Schedule 1.

Public Service senior executive means the Secretary of a Department and any other Public Service employee to whom Division 4 of Part 4 applies.

resignation includes retirement.

role of an employee means the duties and responsibilities of the employee.

senior executive bands determination means a determination made by the Minister under section 35.

separate Public Service agency means a Public Service agency listed in Part 3 of Schedule 1.

Note.

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

Notes included in this Act do not form part of this Act.

The objects of this Act are as follows—

to develop a modern high performing government sector—

that is efficient and effective in serving the Government in the delivery of services to the people of New South Wales, and

that has effective and fair employment arrangements, management and leadership,

to establish the Public Service as the general service within the government sector,

to provide transparent governance and employment arrangements for the Public Service, including providing for the employer functions and responsibilities of heads of Public Service agencies,

to establish an ethical framework for the government sector comprising core values and principles that guide their implementation,

to make provision for the objectives, functions and responsibilities of the Public Service Commissioner.

This Act does not apply to any of the following—

a judicial officer within the meaning of the Judicial Officers Act 1986,

an officer or employee of either House of Parliament or any officer or employee under the separate control of the President or Speaker, or under their joint control,

persons employed under the Members of Parliament Staff Act 2013,

staff of the Independent Commission Against Corruption employed under the Independent Commission Against Corruption Act 1988,

staff of the Audit Office employed under the Government Sector Audit Act 1983,

staff of the Judicial Commission employed under the Judicial Officers Act 1986.

However, provisions of this Act apply to the extent that this Act expressly so provides.

This Part—

recognises the role of the government sector in preserving the public interest, defending public value and adding professional quality and value to the commitments of the Government of the day, and

establishes an ethical framework for a merit-based, apolitical and professional government sector that implements the decisions of the Government of the day.

The core values for the government sector and the principles that guide their implementation are as follows—

Integrity

Consider people equally without prejudice or favour.

Act professionally with honesty, consistency and impartiality.

Take responsibility for situations, showing leadership and courage.

Place the public interest over personal interest.

Trust

Appreciate difference and welcome learning from others.

Build relationships based on mutual respect.

Uphold the law, institutions of government and democratic principles.

Communicate intentions clearly and invite teamwork and collaboration.

Provide apolitical and non-partisan advice.

Service

Provide services fairly with a focus on customer needs.

Be flexible, innovative and reliable in service delivery.

Engage with the not-for-profit and business sectors to develop and implement service solutions.

Focus on quality while maximising service delivery.

Accountability

Recruit and promote employees on merit.

Take responsibility for decisions and actions.

Provide transparency to enable public scrutiny.

Observe standards for safety.

Be fiscally responsible and focus on efficient, effective and prudent use of resources.

The Public Service Commissioner has the function of promoting and maintaining the government sector core values.

There is no hierarchy among the core values and each is of equal importance.

Nothing in this Part gives rise to, or can be taken into account in, any civil cause of action.

The Commissioner may, by order published in the Gazette, adopt a code of ethics and conduct.

Before adopting a code of ethics and conduct, the Commissioner must consult the industrial organisations that represent government sector employees and the peak body of those industrial organisations about the proposed code or ensure those industrial organisations and the peak body are consulted.

Government sector employees must comply with a code adopted under this section.

Note—

A contravention of a code adopted under this section, being an instrument under this Act, may be misconduct for the purposes of section 69.

In this section—

Government sector employee means a person employed in ongoing, term, temporary, casual or other employment, or on secondment, in a government sector agency.

industrial organisation means—

an industrial organisation of employees within the meaning of the Industrial Relations Act 1996, or

an association of employees registered as an organisation under the Fair Work (Registered Organisations) Act 2009 of the Commonwealth.

The Governor may appoint a Public Service Commissioner.

A person may only be appointed as Commissioner if the Advisory Board has recommended to the Premier that the person be appointed as the Commissioner.

The Governor may remove the Commissioner from office for incapacity, incompetence or misbehaviour.

The Commissioner may only be removed from office—

following an independent review of the performance or conduct of the Commissioner, and

if the Advisory Board has recommended to the Premier that the Commissioner be removed from office.

Any such independent review may be initiated—

by the Advisory Board at the request of the Premier, or

by the Premier.

An independent review of the performance or conduct of the Commissioner is not required under this section before the Commissioner can be removed from office if the performance or conduct giving rise to the Advisory Board’s recommendation for removal has been the subject of—

an inquiry and report by the Independent Commission Against Corruption, a Royal Commission, a Special Commission of Inquiry or other body constituted by a judicial officer, or

a finding by a court.

The Premier is, if the Commissioner is removed from office, to cause the reasons for the removal to be tabled in both Houses of Parliament.

The Commissioner must not be present during any deliberation of the Advisory Board on any matter that relates to the making of a recommendation under this section.

Schedule 2 contains provisions relating to the Commissioner.

The principal objectives of the Commissioner are as follows—

to promote and maintain the highest levels of integrity, impartiality, accountability and leadership across the government sector,

to ensure that government sector recruitment and selection processes comply with the merit principle and adhere to professional standards,

to foster a public service culture in which integrity, trust, service and accountability are strongly valued,

to build public confidence in the government sector.

The Commissioner has the function of leading the strategic development and management of the government sector workforce in relation to the following—

recruitment, particularly compliance with the requirements relating to appointment and promotion on merit,

equity and diversity, including strategies to ensure the government sector reflects the diversity of the wider community,

general conduct and compliance with ethical practices,

learning and development,

executive employment arrangements.

The Commissioner has and may exercise such other functions as are conferred or imposed on the Commissioner by or under this or any other Act.

Note.

Other functions of the Commissioner include promoting and maintaining the government sector core values (see section 7); making government sector employment rules under section 12; giving directions to government sector agencies under section 13; assigning a senior executive to a role in a Public Service agency under section 38; reporting on workforce diversity under section 63 and conducting inquiries under section 83.

The Commissioner is to exercise his or her functions in accordance with the general policies and strategic directions determined by the Public Service Commission Advisory Board.