Public Sector Employment and Management Act 2002 No 43
Current version for 17 May 2013 to date (accessed 22 May 2013 at 18:47)
Chapter 2Part 2.1

Part 2.1 General

5   Definitions

In this Chapter:

casual employee means a casual employee as referred to in section 7.

officer means an officer as referred to in section 7.

temporary employee means a temporary employee as referred to in section 7, being a Departmental temporary employee or a special temporary employee.

6   The Public Service

(1)  The Divisions of the Government Service specified in Part 1 of Schedule 1 comprise the Public Service of New South Wales.
(2)  Any such Division may be referred to as a Department (or a Department of the Public Service) for the purposes of this or any other Act. Accordingly, the person exercising functions as Division Head of such a Division may be referred to as the Department Head.
(3)  If a branch of any such Division is specified in Part 3 of Schedule 1, that branch is not part of the Public Service of New South Wales.

7   Categories of employment

(1)  Staff may be employed in a Department in the following categories:
(a)  officers—being persons employed in chief or senior executive positions or other staff positions in the Department,
(b)  temporary employees—being persons employed to carry out work in the Department on a temporary basis,
(c)  casual employees—being persons employed in the Department on a casual basis.
(2)  Temporary employees may be employed in following subcategories:
(a)  Departmental temporary employees—being persons employed under Part 2.4 to carry out work in a Department,
(b)  special temporary employees—being persons employed under Part 2.5 to carry out work for a political office holder.
(3)  The usual basis for the employment of staff in a Department is to be the employment of officers.
(4)  Subsection (3) does not apply to the employment of staff for the purpose of carrying out work for a political office holder.

8   Maximum number of staff of a Department

(1988 Act, s 7)

(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 is not to exceed the maximum number so determined in respect of the Department.

9   Staff positions in a Department for officers

(1988 Act, s 8)

(1)  The staff positions in a Department consist of:
(a)  the position of the appropriate Department Head (except where the position is created otherwise than under section 10), and
(b)  such other positions as the appropriate Department Head from time to time determines in accordance with this Act.
(2)  A Department Head may create, abolish or otherwise deal with any staff position in the Department, other than his or her own position.
(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 Commissioner.
(4)  A person does not cease to be an officer merely because the staff position held by the person is abolished.
(5)  Temporary employees and casual employees are members of staff of, but do not hold positions in, a Department.
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