1 Name of Act
2 Commencement
3 Definitions
4 Act not to apply to certain positions
Part 2 Public Service of New South Wales
5 The Public Service
6 (Repealed)
7 Maximum number of staff of a Department
8 Staff positions in a Department
9 Creation of Department Head positions
10 Department Heads
10A Appointments to Public Service Department Head positions
10B Acting appointments to Department Head positions
11 General responsibility of Department Heads
12 Delegation by Department Head
Division 3 Senior executive officers
13 Appointments to senior executive positions
14 Acting appointments to senior executive positions
15 Merit appointments
16–21 (Repealed)
Division 4 Officers (other than Department Heads and senior executive officers)
22 Officers to whom Division applies
23 (Repealed)
24 Filling of vacant positions
25 Method of appointment
26 Selection for appointment to be on merit
26A Eligibility lists
27 Legal proceedings not to be brought in respect of appointments etc
28 Appointments on probation
29 Confirmation or annulment of appointments on probation
30 Appointment of retired officers
31 Advertising vacancies
32 Publication of decisions to make recommendations for in-service appointments
33 Temporary appointments
34 Restriction on temporary appointment
35 (Repealed)
36 Incapable officer may be retired
37 Vacation of position
Division 5 Departmental temporary employees
38 Appointment of departmental temporary employees
38A Appointment of long-term departmental temporary employees to officer positions
Division 5A Special temporary employees
38B Meaning of “political office holder”
38C Employment of special temporary employees
38D Period of employment of special temporary employees
38E Industrial arbitration or legal proceedings excluded
38F Delegation by Director-General
38G Status of special temporary employees
38H Regulations
Division 6 Miscellaneous matters
39 Requirements as to citizenship etc
40 Notification of appointments etc in special Gazette
41 Arrangements for use of Education Teaching Service staff
42 Officers refusing promotion or appointment
Part 2A Public sector executives
42A Definitions
Division 2 Composition of executive services
42B Composition of Chief Executive Service
42C Composition of Senior Executive Service
42D Amendment or substitution of Schedule 3A or 3B
42E Positions which may be included in Schedule 3A or 3B
Division 3 Employment of executive officers
42F Term appointments
42G Employment of executive officers to be governed by contract of employment
42H Matters regulated by contract of employment
42I Performance reviews
42J Industrial arbitration or legal proceedings excluded
Division 4 Remuneration of executive officers
42K Definitions
42L Monetary remuneration and employment benefits for executive officers
42M Travelling and subsistence allowances etc
Division 5 Removal, retirement etc of executive officers
42N Definitions
42O Vacation of executive positions
42P (Repealed)
42Q Removal of executive officers from office
42R Right to return to public sector for certain executive officers
42S Compensation etc where executive officer has no right to return to public sector
42T Election to take compensation
42U Appointment of incumbent officers to senior executive positions
42V Incumbent officers—accrued leave
42W Change in status of positions
42X Change in title of positions
42Y Approval to engage in other paid employment
42Z Operation of Part
Part 3 Administration and management of the public sector
Division 1 The Council on the Cost of Government
43 Establishment of Council
44 Composition and procedure of Council
45 Functions of Council
46 Ministerial control
47 Requests to Departments and declared authorities for information etc
47A Requests to Auditor-General for information
47B Management assistance and advice
47C Arrangements for use of staff of others
47D Reports to the Minister
47E Dissolution of Council
48, 49 (Repealed)
Division 2A Public Employment Office
49A Public Employment Office
49B Commissioner for Public Employment
49C Ministerial control
49D Principal functions of the Public Employment Office
49E Reports on personnel practices and policies
49F Delegation by Public Employment Office
49G Regulations relating to functions of Public Employment Office
49H Approvals or directions given by the Public Employment Office
Division 3 Miscellaneous matters relating to administration and management of the Public Service
50 Transfers within Department or between Departments
51 Excess staff
52 Excessive salaries
53 Officer refusing transfer
53A Provisions applying to senior executive officers in the Public Service
54 Right of the Crown to dispense with an officer’s services not affected by the Act
55 No compensation to be paid where officer’s services dispensed with or salary reduced
Part 3A Administrative changes
Division 1 Orders concerning departments of the Public Service
55A Creation and change in relation to departments
55B Orders amending or replacing Schedule 1
55C Orders specifying responsible Minister
Division 2 Other administrative changes orders
55D Definitions
55E Orders to change references in Acts
55F Orders re administrative change and other matters
Division 3 Requirements concerning orders
55G Publication and commencement of orders
55H Limited, general and differential application of orders
55I Operation of orders
55J Combination orders
56–61 (Repealed)
Division 2 Responsibilities of the Public Employment Office with respect to industrial matters
62 Role of the Public Employment Office in industrial proceedings
63 Public Employment Office may determine employment conditions
64 Public Employment Office may enter into agreements
65 Power of Public Employment Office to enter Department’s premises etc
Part 5 Discipline and conduct of officers of the Public Service
Division 1 Application and interpretation
65A Part applies to public servants (except chief executive officers)
66 Breaches of discipline
67–72 (Repealed)
Division 3 Officers (other than chief executive officers)
73 (Repealed)
74 Procedure for dealing with breaches of discipline
75 Punishment of officers for breaches of discipline
76 Punishment where officer is guilty of a serious offence
77 Suspension of officers from duty in certain cases
77A Effect of dismissal of senior executive officers
78 Posting of notices to an officer whose address is unknown
Division 4 Miscellaneous matters relating to conduct of officers
79 Officer to report bankruptcy etc
80 Officer not to engage in other employment without permission
81 Officers retiring or resigning before breach of discipline dealt with
82 Minister may direct holding of special inquiry
83 Powers of persons conducting special inquiries
84 Procedure and evidence at a special inquiry
85 Reports of special inquiries
Part 7 Application of provisions to declared authorities
86 Power to amend Schedule 3 relating to declared authorities
87 Certain provisions not to apply
88 Declared authorities to comply with directions of Public Employment Office on industrial matters
Part 8 Removal and retirement of certain statutory office holders
89 Definitions
89A Part not to apply to executive officers
90 Removal of term appointee from office
91 Re-appointment to public sector following removal of term appointee
92 Compensation for office holder following removal
93 Election by term officer to take compensation
94 Operation of this Part
Part 9 Supplementary provisions
95 Certain other Acts not to be affected
96 Minister’s powers to control staff and work of Department not affected
96A Delegation by Minister
97 Construction of certain references
98 Evidence as to Public Service Notices
99 Deductions for rent etc in certain cases
100 Extended leave for officers etc
100A Employer-sponsored transfers involving public authorities
100B Provisions relating to mobility of public sector employees
100C Variations in remuneration on transfer
100D Departmental or organisational changes affecting notional executive positions
101 Attachment of wages or salary of officers etc
102 Regulations
103, 104 (Repealed)
105 Repeal
106 Savings, transitional and other provisions
Part 10 Competitive neutrality in tendering
107 Purpose and application of Part
108 Definitions
109 Complaints about competitive neutrality
110 Investigation and report
111 Reports
112 Portfolio Minister’s response to report
113 Definition
114 Conduct of investigations
115 Public trading agency to provide information, documents and evidence
116 Complainant may be requested to provide information, documents and evidence
117 Confidential information
118 Offences
119 Proceedings for offences
120 Cabinet documents and proceedings
121 Report of complaints
Schedule 3 Declared authorities
Schedule 3A Chief executive positions
Schedule 3B Senior executive positions
Schedule 5 Extended leave for officers etc of Public Service
Schedule 5A Provisions relating to mobility of public sector employees
Schedule 6 Attachment of wages or salary of officers etc of Public Service
Schedule 7 Savings, transitional and other provisions
Schedule 8 Provisions relating to members and procedure of the Council