Government Sector Employment (General) Rules 2014
Part 1 Preliminary
1 Name of Rules
These Rules are the Government Sector Employment (General) Rules 2014.
These Rules commence on 24 February 2014 and are required to be published on the NSW legislation website.
(1) In these Rules—above-level means—(a) in the case of a non-executive employee—at a higher classification of work than the employee’s current classification or in a senior executive band, or(b) in the case of an executive employee—in a band higher than the band in which the executive is employed.agency head means—(a) in relation to a Public Service employee—the head of the Public Service agency in which the employee is employed, or(b) in relation to an employee of a government sector agency (other than a Public Service agency)—the head of that agency.Note.The employer functions of the head of a Public Service agency may be delegated under section 27 or 32 of the Act. Accordingly, references to the agency head (in the case of a Public Service agency) will include a reference to any such delegate.at-level means—(a) in the case of a non-executive employee—at the same classification of work as the employee’s current classification, or(b) in the case of an executive employee—within the same band as the band in which the executive is employed.capability-based assessment means a process that assesses a person’s capabilities against those required for a role.comparative assessment—see rule 17.employment decision—see rule 16.external advertising means the process of advertising on the NSW Government jobs website. It may also include any other form of advertising that is accessible to the general public.focus capabilities for a role means the capabilities, of those required for the role, decided by the employer as being the most important for the effective performance of the role.government sector employee means a person who is employed in a government sector agency.performance management system means a performance management system under section 67 of the Act.pre-established standards for a role means the capability, knowledge and experience standards for the role.Public Service non-executive employee means an employee referred to in Division 5 of Part 4 of the Act.special office temporary employee means a person who is employed in temporary employment in the Public Service—(a) as an executive assistant to the Governor, or(b) as the tipstaff or associate of a judicial officer, or(c) to provide direct assistance of a personal or administrative nature to a former Governor or former Premier.suitability assessment—see rule 18.talent pool—see rule 19.the Act means the Government Sector Employment Act 2013.Note.The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of these Rules.(2) Notes included in these Rules do not form part of these Rules.
4 Delegation by Secretaries of Departments of functions relating to Public Service senior executives
(1) The following functions cannot be delegated by the Secretary of a Department under section 27 of the Act—(a) the initial engagement of a Public Service senior executive and the consequent assignment of the senior executive to a role,(b) the temporary assignment of a Public Service senior executive under rule 11 for a period of more than 12 months,(b1) the assignment of a Public Service senior executive to a different role under section 38 of the Act,(c) the termination of the employment of a Public Service senior executive under section 41, 68 or 69 of the Act.(2) However, the Secretary of a Department may delegate to the head of a Public Service executive agency related to the Department a function referred to in subrule (1) (a) in relation to executives in that related agency. If any such function is delegated to the head of the related agency the function cannot be subdelegated.(3) A reference in this rule to an assignment to a different role does not include an assignment consequent on the engagement of an existing executive to a role following recruitment action to fill a vacancy in that role.
4A NSW Police Force excluded from Rules
Except for Part 6, these Rules do not apply in relation to the NSW Police Force.