Government Sector Employment Act 2013

The government sector employment rules may deal with the procedural requirements for dealing with unsatisfactory performance (consistently with procedural fairness).

If the performance of an employee of a government sector agency is determined to be unsatisfactory in accordance with those rules, the person who exercises employer functions in relation to the employee may (without limitation on relevant action) take any of the following actions—

terminate the employment of the employee (after giving the employee an opportunity to resign),

reduce the remuneration payable to the employee,

reduce the classification or grade of the employee,

assign the employee to a different role.

This section does not apply to that part of the NSW Police Force comprising police officers or to any employees of a government sector agency excluded from this section by the regulations.

Without limiting the action that may be taken under this section by the person who exercises employer functions in relation to a NSW Health Service senior executive, the Secretary of the Ministry of Health may, if the Secretary is not the employer of the executive, terminate the executive’s employment under this section.