It has come to my attention that the policy on public service officers appointed under Sections 33 and 34 of the Act, who return to their substantive agency, requires clarification. To ensure that the provisions contained in Section 9 of the Ministerial Handbook (copy attached) concerning severance pay are applied correctly the following procedures will apply from the date of this circular.

On appointment under S33-34 of the Act, the host agency for the Minister will advise Ministerial and Parliamentary Services (MAPS) Division of the officer's substantive agency and position held.

When the officer returns to their substantive agency the host agency will advise MAPS of the date of the officer's return and the reason for the return. MAPS will determine if the officer is entitled to severance pay under the provisions of the handbook and advise the officer's substantive agency accordingly.

This circular applies only to public service officers temporarily appointed to a Ministers' office under Sections 33 and 34 of the Act, not Departmental Liaison Officers (DLOs). DLOs remain employees of their substantive agency.

Any enquiries should be directed to Peter Rawsthome on (02) 9228 5530 or email

[email protected].

Col Gellatly
Director General

2-10-98

Severance Pay

Employees of Public Sector Agencles (s33 Appointments)

Where the secondment ofan officer from a public sector agency (excluding a temporary employee)

to a Ministers' Private Office has terminated, the remuneration of that officer is to revert immediately to the officer's substantive salary.

An officer with at least t-welve ( 12) months continuous service in one or more Minister's Private Office(s), whose secondmentis terminated for any reason (other than at the officer's own request or where the officer is subsequently found guilty of a ~reach of discipline during the period of the secondment), is to be paid for twelve (12) months, in addition to the officer's substantive salary, an allowance as follows:





1 Where the officer satisfies the twelve (12) months continuous service condition and has had not less than twelve (12) months continuous service in the position last occupied in a Minister's Private Office, an allowance equal to the difference bee'veen the offic-er's substantive salary and the remuneration for the position last occupied 'In a 1Minister's Privat~ Office (less the overtime component if identifiable): or

2. Where the officer satisfies the t.,velve (12) months continuous service condition, but has had less than twelve (12) months continuous service in the last occupied position, an allowance equal to the difference between the employee's substantive salary and the pro-rata salary of the position last occupied in the Minister's Private Office plus the pro-rata of any previously occupied position during the twelve (12) month period (less any overtime component, if identifiable), calculated by the following equation:




A [(B x Y) 365.25] + [(C x Z) 1 365.25] + (D) - S

Where: A per annum allowance rounded offto the nearest dollar

B salary of the fast occupied position in the Ministerial Office

Y number of days in last occupied position

C salary of the previous last occupied position

Z number of days in the previous last occupied position

D any other previously occupied positions within the last twelve

(12) months applied to formula as for B,and C

S officer's substantive salary

Tempornt-y Employees (s33 Appointments)

A temporary employee's servicewhich is terminated for any reason (other thail at the eniplovee's own request or where the temporary employee is subsequently found to have committed an act/s ofi-nisconduct and/orpoor performance during the period ofemployrnent) is to receive the rollowina:

Temporary ci-nolovees with less than six (6) monihs continuous service at termination receive two (2) weeks pay 'In lleu oCtiotice.

Temporar-v employees wich six montlis or 111ore continuous serviceac erill,fllatioil receive four (4) weeks pav leu or norice.