(1979 Act, s 36)The Public Service of New South Wales consists of the persons who are for the time being employed under this Part.
(1979 Act, s 37)(1) The Treasurer may, after obtaining a report from the appropriate Department Head on the matter, determine from time to time the maximum number of staff to be employed in a Department (being the number which the Treasurer considers necessary for the effective, efficient and economical management of the functions and activities of the Department).(2) The number of staff employed in a Department shall not exceed the maximum number so determined in respect of the Department.
(1979 Act, s 38)(1) The staff positions in a Department consist of:(a) the position (if any) created under section 9 in relation to the Department, and(b) such other positions as the appropriate Department Head from time to time determines in accordance with this Act.(2) Subject to subsection (3), a Department Head may create, abolish or otherwise deal with any staff position in the Department, other than the position created under section 9 in relation to the Department.(3) A Department Head must classify and grade each position created under subsection (2), but may only do so:(a) in the case of a senior executive position—with the approval of the Minister, or(b) in any other case—in accordance with such guidelines as may be issued from time to time by the Public Employment Office.(4) A Department Head may establish, or abolish, or change the name of, any branch of the Department.(5) If the Governor removes a branch from any Department and adds it to another Department under section 55A (Creation and change in relation to departments):(a) so much of the staff of the first-mentioned Department as relates to the branch becomes correspondingly part of the staff of the other Department, and(b) the staff of the branch continue to occupy their positions in the branch but as members of the staff of that other Department.(6) In this section, branch means a branch or other part of a Department.