2018 Annual Determinations  

Public Service senior executives

SOORT’s annual determination for PSSEs is made under Part 3B, section 24O of the SOOR Act and applies to the Secretary of a Department and any other PSSE to whom Division 4 of Part 4 of the GSE Act applies (other than those subject to the transitional arrangements in Schedule 4 to the Act).

PSSEs are employed in one of four bands specified in the Government Sector Employment (Senior Executive Bands) Determination 2014. Under section 40(1) of the Government Sector Employment Act 2013 (GSE Act), the remuneration package of a PSSE must be within the range determined under the SOOR Act for the band in which the executive is employed.

The determination includes a number of different remuneration packages that apply to particular senior executives named, some of which receive a discretionary remuneration range of up to 12 per cent in addition to the specified base remuneration package.

The discretionary payment of up to 12 per cent is a one-off payment relating to performance and does not alter the base remuneration package for future determinations.  The payment of the discretionary amount (if any) is based on the base total remuneration package for the period to which the performance assessment relates. For example, payment of up to 12 per cent for performance in the 2017/18 year should be calculated on the base remuneration package specified in the SOORT determination effective on 1 July 2017 or a later relevant determination. For reporting purposes the total amount (base remuneration package plus one-off discretionary payment) should be reported in the year corresponding to the date of payment with an explanatory note.      

Chief and Senior Executive Service

SOORT’s annual determination is made under Part 3A of the SOOR Act and applies to executives who continue to receive a remuneration package equivalent to the remuneration package of the executive immediately before the repeal of the Public Sector Employment and Management Act 2002 (unless the remuneration package is increased as a result of a determination of the SOORT made under Part 3A of the SOOR Act). There may be executives that are covered by the following provisions under Schedule 4 of the GSE Act:

• persons continuing in office as head of a Public Service agency under clause 7(2)
• persons holding office as head of a Public Service agency under clause 7(5)
• the statutory officers listed in clause 8A(1).

The SOORT determination does not affect existing Recruitment Allowances.  Employees in receipt of these allowances continue to receive them in accordance with Schedule 4, clause 8B of the GSE Act, at the quantum for which they were originally approved. Other than as provided for in these transitional arrangements, Recruitment and Retention Allowances are no longer available.

The SES determination also applies to executives employed in the NSW Police Force Senior Executive Service who continue to be eligible for remuneration packages as determined under Part 3A of the SOOR Act.

2018-19 NSW Public Service Senior Executive Remuneration Management Framework

The NSW Public Service Senior Executive Remuneration Management Framework applies to PSSE bands 1, 2 and 3. The discretionary ranges and the formulas for each job evaluation methodology have been updated to reflect the 2.5 per cent increase in the 2018 SOORT determination (See Part 4.3 and Appendix 1). The information in respect to transitional arrangements that continue to apply to some individuals has also been updated (See Part 4.8).

Further information

Employees should contact their agency’s HR contacts in the first instance for further information about the application of the SOORT’s annual determinations. Agency HR contacts can contact the Public Service Commission with any enquiries using the contact details at the end of this Circular.

Emma Hogan
Public Service Commissioner