As you are aware, the Government's program of reform for the NSW public sector includes the implementation of improved mobility provisions by removing impediments to the transfer of entitlements of staff who move between NSW public sector organisations. The rationale for this change is the assurance that the best candidates are able to make themselves available for positions, thus increasing the pool of applicants for positions.

I have therefore approved the following administrative procedures to take effect from 3 May 1993. This approval will enable the portability of leave arrangements in circumstances where staff move between organisations in the NSW public sector deemed as:

• public service organisations (Schedules 1 & 2 to the Public Sector Management Act 1988);
• declared authorities (Schedule 3 to the Public Sector Management Act 1988);
• the Public Health System;
• the Education Teaching Service;
• the Police Service;
• the Judicial Commission;
• the Independent Commission Against Corruption;
• the Casino Control Authority.

General

In the context of these arrangements, portability of accrued leave or period of service applies to NSW public sector organisations. It is subject to the employee ceasing with one organisation and commencing service immediately with another organisation, with the service being regarded as continuous.

These provisions apply to employees of the public sector, including holders of positions in the Senior and Chief Executive Services.

The Treasury will issue a Treasurer's Direction on the arrangements for the transfer of funds for transferred leave entitlements between organisations.

Existing arrangements will continue to apply to employees of public service organisations who transfer from one Department or Administrative Office to another Department or Administrative Office. That is, accrued leave entitlements or period of service will remain portable and staff may not elect to be paid the monetary value of accrued annual or extended leave.

1. Annual (Recreation) Leave

An employee, other than an employee of a public service organisation who transfers from one Department or Administrative Office to another Department or Administrative Office, may elect to be paid the monetary value of accrued annual leave on termination, or have their entitlement (including the cost of leave loading) transferred on commencement with the new employing organisation. Future accrual of annual leave will be at the rate applicable in the new employing organisation.

2. Extended (Long Service) Leave

An employee, other than an employee of a public service organisation who transfers from one Department or Administrative Office to another Department or Administrative Office, may elect to be paid the monetary value of accrued extended leave on termination, or have their entitlement transferred on commencement withthe new employing organisation.

An employee who transfers between public sector organisations shall continue to have their period of service recognised for the purposes of calculating extended leave, subject to their service being deemed continuous in accordance with the provisions of the Transferred Officers Extended Leave Act, 1961.

The arrangement introduced by the Premier in 1973 where the new employing organisation accepts liability for extended leave will be amended by the Treasurer's Direction referred to above.

3. Sick Leave

An employee is taken to have the same amount of accrued sick leave on commencement with the employing organisation as was accrued on termination.

The future eligibility of an employee to sick leave is to include theamount accrued

with the former employing organisation and any amount determined in accordance with the conditions relating to the granting of sick leave in the new employing organisation.

There shall be no "cashing-in" of sick leave under these arrangements.

4. Maternity Leave, Paternity Leave, Adoption Leave Etc.

An employee is to have all continuous service as at the date of transfer to the new employing organisation taken into account by the new employing organisation when determining the employee's entitlement to maternity leave, paternity leave, adoption leave or any other form of leave where a condition of eligibility is a period of service.

5. Recognition of Forfeited Sick Leave

An employee with continuous service in the NSW public sector who, prior to the date of this notice, moved to a new employing organisation which did not recognise sick leave credits accrued in previous NSW public sector employment, may now access the forfeited sick leave credits in the following circumstances:

• access will be at the discretion of the Chief Executive Officer
• accrued sick leave will only be accessible when current leave credits (including Special Sick Leave) have been exhausted.

Authority for Chief Executive Officers in the public service to recognise sick leave accrued with a former public sector employer will be issued separately by the Director-General, Department of Industrial Relations, Employment, Training and Further Education.

Could you please bring these arrangements to the notice of all Chief Executive Officers within your portfolio.

John Fahey
Premier