Chapter 6 Director of Public Employment
Part 6.1 Position of Director of Public Employment
121 Director of Public Employment
(1) There is to be a Director of Public Employment. The position of Director of Public Employment is to be held by the Director-General of the Department of Premier and Cabinet.(2) The Director of Public Employment has such functions as are conferred or imposed on the Director by or under this or any other Act.
(1988 Act, s 49C)
The Director of Public Employment is subject to the control and direction of the Minister, except in relation to the following:(a) salaries, wages or other remuneration, and other conditions of employment,(b) a dispute relating to an industrial matter.
124 Delegation by Director of Public Employment
(1988 Act, s 49F)
(1) The Director of Public Employment may delegate to the head of a public sector agency or any other member of staff of a public sector agency any of the functions of the Director of Public Employment, other than this power of delegation.(2) Any delegation of a function with respect to the making of a determination fixing salaries, wages or other remuneration of staff is subject to the condition that any such determination must be at a level that is lower than the lowest amount of the remuneration packages for executive officers determined for the time being under the Statutory and Other Offices Remuneration Act 1975.(3) In this section:(a) a reference to the functions of the Director of Public Employment includes a reference to any functions delegated to the Director of Public Employment under this Act, and(b) a reference to a member of staff of a public sector agency includes:(i) a reference to a person holding an appointment to or in the agency, and(ii) a reference to a person holding an appointment to or in a body or organisation having functions that are exercised by the staff of that agency.(4) In this section, head of a public sector agency and public sector agency have the same meanings as in section 85.
125 Principal functions of the Director of Public Employment
(1988 Act, s 49D)
The Director of Public Employment has the following functions:(a) advising the Government on appropriate policies in relation to personnel management and industrial relations in the public sector and, in particular, appropriate policies in relation to the use of consultants by the public sector, standards of conduct for public sector employees and management–staff consultation,(b) monitoring the implementation of Government policies in those areas and assisting the implementation of those policies (including the issuing of implementation guidelines),(c) monitoring recruitment, appointment and promotion practices in the public sector and, in particular, compliance with requirements relating to appointment and promotion on merit,(d) co-ordinating and assisting in the redeployment of excess staff in the public sector,(e) advising the Minister on the creation, classification and grading of chief and senior executive officer positions within the public sector,(f) assisting in the recruitment, deployment and redeployment of executive officers within the public sector,(g) advising the Government on appropriate policies and practices in relation to such other public sector matters as the Minister may direct from time to time, and monitoring, co-ordinating and assisting the implementation of Government policies and practices in such other areas as the Minister may direct from time to time,(h) such other functions as are conferred or imposed on the Director by or under this Act or any other law.
126 Reports on personnel practices and policies in public sector services
(1988 Act, s 49E)
(1) The Director of Public Employment may require the head of a public sector service to provide the Director of Public Employment with a report on such matters relating to the personnel policies and practices of the service as the Director of Public Employment requires.(2) In particular, the Director of Public Employment may require inclusion in the report of information of a kind specified by the Director of Public Employment as to:(a) the personnel policies and practices concerning the recruitment, selection, appointment, transfer, promotion or discipline of the staff of the public sector service and the means by which the job satisfaction and opportunities for personal development of the staff are promoted, and(b) the application of any such policies and practices to different groups of members of the staff.(3) The head of the public sector service concerned must comply with a requirement under this section within such time and in such manner as the Director of Public Employment directs.(4) In this section:(a) a reference to a public sector service includes, in the case of the Government Service, a reference to a Division of the Government Service, and(b) a reference to the head of a public sector service that is a Division of the Government Service includes a reference to the Division Head.
127 Regulations relating to functions of Director of Public Employment
(1988 Act, s 49G)
(1) The regulations may make provision for or with respect to the principles, practices and procedures to be observed in connection with the exercise of the functions of the Director of Public Employment.(2) In particular, the regulations may:(a) prescribe the circumstances in which an approval by the Director of Public Employment under this or any other Act may be regarded as having been given, or(b) prescribe the procedure for obtaining any such approval.
128 Approvals or directions given by the Director of Public Employment
(1988 Act, s 49H)
An approval or direction given by the Director of Public Employment under this Act may be given so as to apply to a particular case, or to all cases within a class of cases or generally.
Part 6.3 Public Service industrial relations functions
129 Role of the Director of Public Employment in industrial proceedings
(1988 Act, s 62)
The Director of Public Employment is, for the purposes of any proceedings relating to officers, temporary employees or casual employees held before a competent tribunal having jurisdiction to deal with industrial matters, taken to be the employer of the staff of the Public Service.
130 Director of Public Employment may determine employment conditions
(1988 Act, s 63)
(1) The Director of Public Employment may from time to time make determinations fixing the conditions and benefits of employment of officers, temporary employees or casual employees (or any group or class of officers, temporary employees or casual employees) and their salary, wages and other remuneration. Such a determination can provide for redundancy and severance payments and for remuneration packaging.(2) The conditions, benefits, salary, wages and other remuneration of an officer, temporary employee or casual employee is, except in so far as provision is otherwise made by law, such as may be fixed by a determination made under this section.(3) This section does not prevent the appropriate Department Head from determining conditions of employment of officers, temporary employees and casual employees under section 14 or under any other law. However, a determination by the Director of Public Employment under this section prevails to the extent of any inconsistency with a determination of a Department Head, unless the Director of Public Employment approves of the Department Head’s determination.(4) An officer, temporary employee or casual employee may sue for and recover the amount of remuneration of the officer or employee that is determined under this section. For that purpose, the determination is taken to be a State industrial instrument.(5) This section does not apply in relation to remuneration or allowances fixed under Part 3.1 or under the Statutory and Other Offices Remuneration Act 1975.
131 Director of Public Employment may enter into agreements
(1988 Act, s 64)
(1) The Director of Public Employment may enter into an agreement with any association or organisation representing a group or class of officers, temporary employees or casual employees with respect to industrial matters.(2) Any such agreement binds all officers, temporary employees and casual employees in the class or group affected by the agreement, and no such officer or employee (whether a member of the association or organisation with which the agreement was entered into or not) has any right of appeal against the terms of the agreement.(3) This section does not apply in relation to remuneration or allowances fixed under Part 3.1 or under the Statutory and Other Offices Remuneration Act 1975.(4) An agreement under this section is not an enterprise agreement within the meaning of the Industrial Relations Act 1996. However, the Director of Public Employment (or any delegate of the Director) may enter into such an enterprise agreement as the employer of the officers, temporary employees or casual employees concerned.
132 Authorised officer may enter Department’s premises etc
(1) An authorised officer may:(a) enter the premises of any Department, and(b) require the production of and examine any documents in the custody of any member of the staff of any Department, and(c) require any member of the staff of any Department to answer questions,for the purposes of enabling the Director of Public Employment to exercise the Director’s functions.(2) In this section:authorised officer means:
(a) the Director of Public Employment, or(b) any member of staff of a Department who is appointed by the Director of Public Employment as an authorised officer for the purposes of this section.
133, 134(Repealed)