1 Name of Act
2 Commencement
3 Definitions
4 Act not to apply to judicial or parliamentary officers
Chapter 1A The Government Service
4A The Government Service
4B Employment of staff in the Government Service
4C Divisions of the Government Service
4D Division Heads
4E Salary, conditions etc of staff employed in Divisions
4F Delegation by Division Head
4G Regulations relating to staff employed in Divisions (other than Departments)
4H Division Heads of certain Divisions to comply with directions of Director of Public Employment on industrial matters
4I Miscellaneous provisions relating to civil liability
4J Operation of privacy legislation
4K Transitional provision—construction of superseded references
5 Definitions
6 The Public Service
7 Categories of employment
8 Maximum number of staff of a Department
9 Staff positions in a Department for officers
10 Creation of Department Head positions
11 (Repealed)
12 Appointments to Public Service Department Head positions
13 Acting appointments to Department Head positions
14 General responsibility of Department Heads
15 (Repealed)
Part 2.3 Officers (other than Department Heads)
16 Officers to whom Part applies
17 Appointments to positions
18 Advertising vacancies
19 Merit appointment
20 Eligibility lists
21 Appointments subject to promotion appeal
22 Legal proceedings not to be brought in respect of appointments etc
23 Appointments on probation
24 Acting appointments to positions
25 Incapable officer may be retired
26 Vacation of position
Part 2.4 Departmental temporary employees
27 Employment of Departmental temporary employees
28 Period of employment
29 Employment after selection on merit
30 Termination of employment
31 Appointment of long-term employees to officer positions
Part 2.5 Special temporary employees
32 Meaning of “political office holder”
33 Employment of special temporary employees
34 Period of employment of special temporary employees
35 Industrial arbitration or legal proceedings excluded
36 Delegation by Director-General
37 Status of special temporary employees
38 Employment of casual employees
39 Termination of employment
Part 2.7 Management of conduct and performance
40 Part applies to officers (except chief executive officers)
41 Objects of Part
42 Definitions
43 Meaning of “misconduct”
Division 2 Dealing with misconduct
44 Issuing of procedural guidelines
45 Requirements relating to procedural guidelines
46 Dealing with allegations of misconduct
Division 3 Dealing with unsatisfactory performance and other matters
47 Dealing with unsatisfactory performance
48 Disciplinary action may be taken if officer is convicted of serious offence
Division 4 Miscellaneous provisions
49 Suspension of officers from duty pending decision in relation to misconduct or criminal charge
50 Implementation of decisions under this Part
51 Effect of dismissal of senior executive officers
52 Provisions relating to certain forms of disciplinary action
53 Officers retiring or resigning before disciplinary action is taken
Part 2.8 Miscellaneous provisions relating to the Public Service
54 Requirements as to citizenship or permanent residency
55 Extended leave for Departmental staff
56 Excess officers of Department
57 Excessive salaries of officers of Department
58 Officer to report bankruptcy etc
59 Departmental staff not to undertake other paid work without permission
60 Right of the Crown to dispense with person’s services not affected by the Act
61 No compensation to be paid where person’s services dispensed with or salary reduced
62 Regulations with respect to Public Service
Part 3.1 Public sector executives
63 Definitions
Division 2 Composition of executive services
64 Composition of Chief Executive Service
65 Composition of Senior Executive Service
66 Amendment or substitution of Schedule 2
67 Positions which may be included in Schedule 2
Division 3 Employment of executive officers
68 Term appointments
69 Employment of executive officers to be governed by contract of employment
70 Matters regulated by contract of employment
71 Performance reviews
72 Industrial arbitration or legal proceedings excluded
Division 4 Remuneration of executive officers
73 Definitions
74 Monetary remuneration and employment benefits for executive officers
75 Travelling and subsistence allowances etc
Division 5 Removal, retirement etc of executive officers
76 Vacation of executive positions
77 Removal of executive officers from office
78 Compensation etc where executive officer has no right to return to public sector
79 Appointment of incumbent officers to senior executive positions
80 Incumbent officers—accrued leave
81 Change in status of positions
82 Change in title of positions
83 Approval to undertake other paid work
84 Operation of Part
Division 1 Movement of staff within and between public sector agencies
85 Definitions
86 Temporary staff transfers (secondments between agencies)
86A Temporary staff transfers (internal secondments)
87 Employer-sponsored permanent transfers
88 Temporary assignment of public sector staff to other agencies
89 Variations in remuneration on transfer
90 Dismissal of staff refusing transfer
91 Miscellaneous provisions
Division 2 Cross-public sector leave arrangements
92 Definitions
93 Division applies despite State industrial instruments
94 Recognition of prior government service for purpose of calculating extended leave
95 Annual leave
96 Sick leave
97 Maternity leave etc
98 Access to forfeited sick leave—transitional arrangements
99 Funding of leave entitlements
Part 3.3 Miscellaneous provisions relating to public sector staff
100 Cross-agency employment
100A Appointment may be made to position pending vacation of position
101 (Repealed)
102 Employees contesting State elections
102A Appointment to position in public sector service not affected by additional appointment
103 Re-appointment of employees resigning to contest Commonwealth elections
Chapter 4 Administrative changes
Part 4.1 Orders concerning Divisions of the Government Service
104 Creation and change in relation to Divisions
105 Other orders in relation to Divisions
106 Orders specifying responsible Minister
Part 4.2 Other administrative changes orders
107 Definitions
108 Orders to change references in Acts
109 Orders re administrative change and other matters
Part 4.3 Requirements concerning orders
110 Publication and commencement of orders
111 Limited, general and differential application of orders
112 Operation of orders
113 Combination orders
114 Definitions
115 Chapter not to apply to executive officers
116 Removal of term appointee from office
117 Re-appointment to public sector following removal of term appointee
118 Compensation for office holder following removal
119 Election by term officer to take compensation
120 Operation of this Chapter
Chapter 6 Director of Public Employment
Part 6.1 Position of Director of Public Employment
121 Director of Public Employment
122 (Repealed)
123 Ministerial control
124 Delegation by Director of Public Employment
125 Principal functions of the Director of Public Employment
126 Reports on personnel practices and policies in public sector services
127 Regulations relating to functions of Director of Public Employment
128 Approvals or directions given by the Director of Public Employment
Part 6.3 Public Service industrial relations functions
129 Role of the Director of Public Employment in industrial proceedings
130 Director of Public Employment may determine employment conditions
131 Director of Public Employment may enter into agreements
132 Authorised officer may enter Department’s premises etc
133, 134(Repealed)
Part 7.1 State Contracts Control Board
135 Establishment of Board
136 Functions of Board
137 Membership and procedure of Board
138 Ministerial control
139 Subcommittees of Board
140 Staff and consultants
141 Delegation of functions of Board
142 Annual report of Board
Part 7.2 Acquisition and disposal of goods and services
143 Regulations
Part 7.3 Competitive neutrality in tendering
144 Purpose and application of Part
145 Definitions
146 Complaints about competitive neutrality
147 Investigation and report
148 Reports
149 Portfolio Minister’s response to report
150 Definition
151 Conduct of investigations
152 Public trading agency to provide information, documents and evidence
153 Complainant may be requested to provide information, documents and evidence
154 Confidential information
155 Offences
156 Cabinet information and proceedings
157 Report of complaints
158 Act to bind Crown
159 Special inquiries
159A Inquiries by Director-General into public sector agencies
160 Certain other Acts not to be affected
161 Minister’s powers to control staff and work of Department not affected
162 Delegation by Minister
163 Proceedings for offences
164 Regulations
165 Repeals
166 Savings, transitional and other provisions
167–169 (Repealed)
170 Review of Act
Schedule 1 Divisions of the Government Service
Schedule 2 Executive positions (other than non-statutory SES positions)
Schedule 3 Extended leave entitlements for officers and temporary employees in the Public Service