New South Wales Consolidated Acts

GOVERNMENT SECTOR EMPLOYMENT ACT 2013

- As at 17 March 2025
- Act 40 of 2013

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions
   4.      Objects of Act
   5.      Persons to whom Act does not apply

   PART 2 - ETHICAL FRAMEWORK FOR THE GOVERNMENT SECTOR

   6.      Objective of Part
   7.      Government sector core values
   8.      General provisions

   PART 2A - CODE OF ETHICS AND CONDUCT

   8A.     Code of ethics and conduct

   PART 3 - PUBLIC SERVICE COMMISSIONER AND ADVISORY BOARD

           Division 1 - Public Service Commissioner

   9.      Appointment of Commissioner etc
   10.     Principal objectives of Commissioner
   11.     General functions of Commissioner
   12.     Government sector employment rules
   13.     Directions by Commissioner to heads of government sector agencies
   14.     Commissioner to report to Premier
   15.     Annual report of the Commissioner
   16.     Provision of reports and information by agencies
   17.     Miscellaneous provisions relating to Commissioner

           Division 2 - Public Service Commission Advisory Board

   18.     Establishment and members of Advisory Board
   19.     Functions of Advisory Board

   PART 4 - THE PUBLIC SERVICE

           Division 1 - General

   20.     The Public Service
   21.     Employment in the Public Service
   22.     Departments and other Public Service agencies

           Division 2 - Secretaries of Departments

   23.     Secretaries of Departments
   24.     Acting appointments as Secretary of a Department
   25.     Role and responsibilities of Secretaries of Departments
   26.     Employer functions of Secretaries of Departments
   27.     Delegation by Secretaries of Departments

           Division 3 - Heads of other Public Service agencies

   28.     Heads of agencies other than Departments
   29.     Acting appointments as head of agency (other than Department)
   30.     General responsibility of heads of agencies (other than Departments)
   31.     Employer functions of heads of agencies (other than Departments)
   32.     Delegation by heads of Public Service agencies (other than Departments)

           Division 4 - Public Service senior executives

   33.     Application of Division
   34.     Kinds of senior executive employment
   35.     Minister may determine bands in which senior executives to be employed
   36.     Government sector employment rules relating to senior executives
   37.     Employment of senior executives in bands
   38.     Assignment of senior executives (other than heads of agencies) to roles in bands and classifications across government sector
   39.     Contract of employment of senior executives
   40.     Remuneration, benefits and allowances for senior executives
   41.     Termination of employment of senior executives

           Division 5 - Public Service employees (other than senior executives)

   42.     Application of Division
   43.     Kinds of employment
   44.     (Repealed)
   45.     Employment in classifications of work
   46.     Assignment to roles in work classifications
   47.     Termination of employment
   48.     Matters that government sector employment rules may deal with

           Division 6 - Industrial relations employer functions

   49.     Interpretation and application: Division 6
   50.     Role of Industrial Relations Secretary in industrial proceedings
   51.     Industrial Relations Secretary may enter into agreements
   52.     Industrial Relations Secretary may determine employment conditions not otherwise lawfully determined
   53.     Industrial relations provisions

           Division 7 - Additional Public Service employment provisions

   54.     Conditions of engagement
   54A.    Entitlement to extended and other leave
   55.     Resignation
   56.     Retirement on medical grounds
   57.     Crown's dispensation with services
   58.     Industrial or legal proceedings excluded
   59.     Construction of references to employees etc of statutory bodies or officers in other Acts, instruments and contracts
   60.     Employer costs for Public Service staff of statutory bodies
   61.     Civil liability with respect to staff of statutory bodies
   62.     Operation of privacy legislation

   PART 5 - GOVERNMENT SECTOR EMPLOYEES

   63.     Workforce diversity
   64.     Employee transfers and secondments between government sector agencies
   65.     Cross-agency employment
   66.     Secondments of staff between government sector agencies and other relevant bodies
   67.     Performance management systems
   68.     Unsatisfactory performance of government sector employees
   69.     Misconduct--Public Service and other prescribed government sector employees
   70.     Suspension of employees from duty pending decision in relation to misconduct, criminal charge or corrupt conduct
   71.     Employees contesting State elections
   72.     Re-employment of employees resigning to contest Commonwealth elections
   73.     Appointment to position in government sector not affected by additional appointment
   74.     Excess employees--jurisdiction of Industrial Relations Commission

   PART 6 - REMOVAL OF STATUTORY OFFICERS

   75.     Statutory officers to whom Part applies
   76.     Statutory officers to whom Part does not apply
   77.     Removal from office of statutory officers to whom Part applies
   78.     Compensation for office holder following removal
   79.     Operation of this Part

   PART 7 - MISCELLANEOUS

   80.     Act to bind Crown
   81.     Delegation by Minister
   82.     Special Ministerial inquiries
   82A.    State of government sector
   83.     Inquiries by Public Service Commissioner or Secretary of Premier's Department into government sector agencies
   83A.    Reinstatement of certain senior executives whose employment has been terminated
   83B.    Employment after leaving certain senior executive employment
   84.     Minister's departmental authority with respect to control and direction of staff and work not affected
   85.     Operation of industrial relations and superannuation legislation
   86.     Appointment to other statutory offices
   86A.    Oversight of Commissioner's functions by Joint Committee
   87.     Proceedings for offences
   88.     Regulations
   89.     Review of Act
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           Schedule 6 (Repealed)