The conduct and performance provisions (Part 2.7 ss40 to 53) of the Public Sector Employment and Management Act 2002 (the Act) are to commence on 16 June 2003. The provisions require guidelines to be developed.

Commentary and Guidelines on the management of conduct and performance have now been developed in negotiation with unions and agencies. The documents developed are general commentary on the management of conduct and performance and three appendices:

• Procedural Guidelines for dealing with an allegation of misconduct,
• Guidelines on dealing with unsatisfactory performance, and
• Guidelines for dealing with serious offences.

The provisions apply only to officers in Public Service Departments. A summary document outlining the main features and areas of change for conduct and performance is attached to this circular. It is important for Departments to note the commentary on transitional arrangements, in particular those matters that will have to be continued and completed under the Public Sector Management Act 1988 scheme.

The Public Sector Management Office will be presenting four half-day briefing sessions on the Commentary and Guidelines on the Management of Conduct and Performance under Part 2.7 of the Act. The sessions will be held on 10th and 11th June 2003 in the State Reception Room, Level 41, Governor Macquarie Tower, 1 Farrer Place, Sydney.

An invitation is extended to officers of Departments to attend the briefing sessions. Because of space limitation (maximum of 80 people per session), only three appropriate representatives per Department may be nominated. Please note that each session is restricted to representatives of those Departments as listed in attachment

The commentary and guidelines will be available to examine in html and PDF versions on the Premier's Department website at under Popular Info; Publications; Performance, Conduct and Ethics; and may be found by selecting the name Commentary and Guidelines on Conduct and Performance from 28 May 2003.

I am aware Departments may have specific questions about Part 2.7 of the Act. The briefing sessions on the management of conduct and performance provisions, commentary and guidelines will address commonly asked questions raised in advance by Departments. If you have any questions you may submit them by email to [email protected]

You may nominate to attend the briefing sessions and submit any questions by completing the attached form and returning by facsimile to Andrew Segelov on facsimile number 8243 9489. Alternatively you may submit nominations for the briefings by email to [email protected]

All nominations and questions are to be submitted by 4 June 2003.

Any enquiries regarding the briefing session should be directed to Andrew Segelov on telephone number 9228 3532.

C Gellatly
Director-General

Issued : Employee Relations
Contact: Cathy McInnes
EMail: [email protected]
Telephone no: 9228 3598 Facsimile: 9228 3102
File no: PSM/03745
Date: 27 May 2003

This circular has not superseded any other Memorandum/Circular