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PUBLIC SECTOR MANAGEMENT ACT 1988 - As at 12 July 2002 - Act 33 of 1988

- As at 12 July 2002 - Act 33 of 1988

Table of Provisions

PART 1 - PRELIMINARY

  • 1 Name of Act
  • 2 Commencement
  • 3 Definitions
  • 4 Act not to apply to certain positions

PART 2 - PUBLIC SERVICE OF NEW SOUTH WALES

Division 1 - Structure

Division 2 - Department Heads

Division 3 - Senior executive officers

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 (Repealed)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 (Repealed)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

Division 5A - Special temporary employees

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

Division 1 - Preliminary

  • 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

Division 6 - General

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

Division 2 - (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

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

PART 4 - INDUSTRIAL MATTERS

Division 1 - (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

Division 2 - (Repealed)

Division 3 - Officers (other than chief executive officers)

73. (Repealed)

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

PART 6 - 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

Division 1 - Preliminary

  • 107 Purpose and application of Part
  • 108 Definitions

Division 2 - Complaints

Division 3 - Investigations

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