This legislation has been repealed.
- As at 12 July 2002 - Act 33 of 1988 TABLE OF PROVISIONS Long Title 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 5. The Public Service 6. (Repealed) 7. Maximum number of staff of a Department 8. Staff positions in a Department Division 2 - Department Heads 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 (Repealed) Division 4 - Officers (other than Department Heads and senior executive officers) 22.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 (Repealed) 24.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 (Repealed) 36.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 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 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 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 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 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 65A. Part applies to public servants (except chief executive officers) 66. Breaches of discipline Division 2 - (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 PART 6 - SPECIAL INQUIRIES 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 Division 1 - Preliminary 107. Purpose and application of Part 108. Definitions Division 2 - Complaints 109. Complaints about competitive neutrality 110. Investigation and report 111. Reports 112. Portfolio Minister's response to report Division 3 - Investigations 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 1 Schedule 2 (Repealed) SCHEDULE 3 SCHEDULE 3A SCHEDULE 3B Schedule 4 (Repealed) SCHEDULE 5 SCHEDULE 5A SCHEDULE 6 SCHEDULE 7 SCHEDULE 8