I refer to my earlier advice of 3 August 1995 regarding the nature of arrangements for the employment of staff in Ministers' Offices. That advice explained that Ministers' staff are part of the Public Employment Office and as Commissioner for Public Employment, I act as Department Head.

As you are aware, subject to good performance, all staff continue to be employed at the discretion of the Minister or for as long as the Minister retains his or her current office(s). You may also be aware that staff are employed either as officers or temporary employees under the Public Sector Management Act 1988.

Officers seconded to a Minister's Office from a NSW public agency (except Departmental Liaison Officers) are appointed temporarily under section 33 of the Act. At present, section 34 of the Act provides that officers appointed in this manner for periods in excess of six months, require approval. In the case of officers within a Minister's Office, I am able to give this approval.

Those staff who are not officers, are employed as temporary employees under section 38 of the Act. At present, section 38 (3) provides that a person may only be employed for a period not exceeding 4 months. Section 38 also provides for further periods of continuous employment, but each period cannot be in excess of 4 months. As Commissioner, I must approve each further four month period of employment for staff employed under section 38.

The administrative procedures for compliance with the legislation are to be implemented as follows:

1. Standard periods for the employment of both officers and temporary employees in Ministers' Offices are:

PERIOD 1 January to April

PERIOD 2 May to August

PERIOD 3 September to December

2. New staff who commence on a date later than the first working day of any standard period will be employed, in this instance, for the remainder of the standard period running at that time.

SCHEDULE

Staff employed in Ministers' offices, under sections 33, 34 and 38 of the Public Sector Management Act 1988.

Minister:

Standard period 1. January 1996 to April 1996 (schedule due by end November 1995)

2. May 1996 to August 1996 (schedule due by end March 1996)

3. September 1996 to December 1996 (schedule due by end July 1996)

Surname Given Names Commencing Date Position Salary Sections 33/34 or section 38