Premier & Cabinet

Type:
Department of Premier and Cabinet Circular
Identifier:
C2009-01
Status:
Archived

C2009-01 Further Amendments to the Public Sector Employment and Management Act 2002

Description

The Public Sector Employment and Management Act 2002 (“the Act”) and the Public Sector Management (Goods and Services) Regulation 2000 have been amended from 4 December 2008.

These amendments implement the first stage of changes recommended in the report of the statutory review of the Act tabled in Parliament earlier this year. The second stage of amendments will only be made once the detailed analysis, consultation and consideration has been completed.

Detailed Outline

The Public Sector Employment and Management Act 2002 (“the Act”) and the Public Sector Management (Goods and Services) Regulation 2000 have been amended from 4 December 2008.

These amendments implement the first stage of changes recommended in the report of the statutory review of the Act tabled in Parliament earlier this year. The second stage of amendments will only be made once the detailed analysis, consultation and consideration has been completed.

There are five amendments applying only to Public Service Departments with the remainder applying to all public sector agencies.  This includes the Government Service (Public Service Departments, Non-Public Service Divisions and Special Employment Divisions), the Teaching Service, NSW Police and the NSW Health Service.

Amendments applying to Public Service Departments only:

  1. The criteria for considering the merit of applicants include qualifications, experience standard of work performance and capabilities of persons relevant to the performance of duties (sections 19 and 31). The term “capabilities” replaced “personal qualities” and “abilities”.
  2. Where a position has not been externally advertised, the potential pool of applicants within the Department is to include long term (continuously employed for at least 2 years) departmental temporary employees (section 19(3)).
  3. A period of probation may be extended for a further period before deciding on whether the person will continue to be employed. The Personnel Handbook will confirm that in extending probationary periods generally there will be only one extension of a probationary period and then a decision will be made on whether to continue to employ the person (section 23).
  4. A suspension from duty for a serious offence continues after the court proceedings until the Department Head decides how to deal with the outcome when the person is found guilty of the offence (section 49).
  5. The Director of Public Employment may exempt a person from the requirement for Australian citizenship or permanent residency to be considered as an officer in areas where there are identified shortages (section 54).

Amendments applying to all public sector agencies

Please note only the amendments outlined in points 3 to 5 below apply to State Owned Corporations unless they have been prescribed to be included in the definition of public sector service

  1. When an employee in the Government Service or an executive officer indicates in writing an intention to resign, retire or to not seek reappointment an agency may recruit and appoint a person to the position before the position becomes vacant (new section 100A). This allows for mentoring or a transfer of knowledge and experience.
  2. Clarifying that the appointment of long term secondments to permanent positions applies to both internal secondments - that is within the agency as well as external secondments. Section 86A is inserted for secondments within agencies. Section 86 applies to secondments to other public sector agencies.
  3. Clarifying that public sector employees may be temporarily assigned to assist in disaster recovery activities (section 88).
  4. Where a position is identified and created under a cross agency employment arrangement the agencies involved do not need to create separate positions in each agency (section 100).
  5. The powers and functions of the Director of Public Employment may be delegated to staff of all public sector agencies (section 124).
  6. Section 159A is inserted to provide the Director General of the Department of Premier and Cabinet with the power to conduct inquiries into public sector agencies (other than NSW Police Force and the service of either House of Parliament) in a less formal manner than a special inquiry.
  7. Section 137 modifies the membership of the State Contracts Control Board to a minimum of 4 persons. A consequential amendment to the Public Sector Management (Goods and Services) Regulation 2000 outlines the new quorum for meetings of the Board.
  8. A public authority for the purposes of supply and disposal of goods is defined in clause 18(4) of the Public Sector Management (Goods and Services) Regulation 2000. This has been amended to include authorities from any other jurisdictions as long as they carry on activities in NSW.

The Personnel Handbook will be updated shortly to include both these amendments and any guidance necessary.

A copy of the Public Sector Employment and Management Further Amendment Bill 2008 including the explanatory notes is available at www.parliament.nsw.gov.au.

A consolidated version of the Act is available at www.legislation.nsw.gov.au.

John Lee
Director General

Issued: Public Sector Workforce Office
Contact: Cathy McInnes or Tony Nicod, Superannuation Executive and Legal Services
EMail: [email protected] or [email protected]

Telephone no: 9228 3598 or 9228 3592 Facsimile: 8243 9489
File no: PSM/13767 Part 2

Overview

Compliance

Not Mandatory

AR Details

Date Issued
Jan 15, 2009
Review Date
Dec 31, 2014
Replaces
Replaced By

Contacts

Contact
Contact us
Phone
02 9228 5555
Publishing Entity
Department of Premier and Cabinet
Issuing Entity
Department of Premier and Cabinet