MINISTERIAL AND OTHER OFFICE HOLDER STAFF ACT 2010 - As at 1 February 2024 - Act 36 of 2010

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Short title
• 2 Commencement
• 3 Dictionary
• 4 Main purposes

PART 2 - EMPLOYMENT OF STAFF MEMBERS

• 5 Functions of staff member
• 6 Employment of ministerial staff member
• 7 Employment of staff member of Leader of the Opposition
• 8 Employment of staff member of other non-government member
• 9 No entitlement to staffing of office
• 10 Basis of employment
• 11 Nature of employment
• 12 Superannuation
• 13 Preservation of public service employee’s rights

PART 2A - ASSESSING SUITABILITY TO BE A STAFF MEMBER

Division 1 - Preliminary

• 13A Definitions for part

Division 2 - Obtaining criminal histories

• 13B Chief executive may ask for consent to obtain criminal history
• 13C Refusing consent
• 13D Obtaining criminal history with consent
• 13E Criminal history no longer required to be obtained

Division 3 - Use of criminal histories and related matters

• 13F Assessment of suitability
• 13G Destruction of reports and notices
• 13H Police commissioner must not use information given under this part

Division 4 - Other matters

• 13I Prosecuting authority to notify chief executive about committal, conviction etc.
• 13J False or misleading statements in consent
• 13K Confidentiality

PART 3 - WORK PERFORMANCE AND CONDUCT OF STAFF MEMBERS

Division 1 - Directions

• 14 Staff members subject to direction
• 15 Staff members not empowered to direct public service employees

Division 2 - Guiding principles and values

• 16 Work performance and personal conduct principles
• 17 Ethics values
• 18 Purpose and application of principles and values

Division 3 - Codes of conduct

• 19 Codes of conduct
• 20 Purpose of codes
• 21 Consultation about, and review of, codes
• 22 Compliance with codes

Division 4 - Declaration of interests and dealing with conflicts

• 23 References to interest or conflict of interest
• 24 Declaration of interests
• 25 Conflicts of interest

PART 4 - MISCELLANEOUS

Division 1 - Directives and guidelines

• 26 Chief executive may make directives
• 27 Relationship with legislation
• 28 Relationship between directives and industrial instruments
• 29 Chief executive may make guidelines
• 30 Replaced public sector directives

Division 2 - Application of Acts

• 31 Application of Crime and Corruption Act 2001
• 32 Application of Ombudsman Act 2001

Division 3 - Other matters

• 33 Advisory committees
• 34 Annual report
• 35 Delegations
• 36 Effect of Act on the State
• 37 Regulation-making power

PART 5 - TRANSITIONAL

• 38 Meaning of commencement
• 39 Currently appointed staff members
• 40 Declaration of interests of currently appointed staff members
• 41 Codes of conduct
• 42 Rulings
• SCHEDULE - Dictionary