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This is a Bill, not an Act. For current law, see the Acts databases.
Public Sector Employment and
Management Amendment Bill 2008
No , 2008
A Bill for
An Act to amend the Public Sector Employment and Management Act 2002 to make
further provision with respect to the appointment of long-term temporary employees
and persons on long-term secondments, the advertising of public service positions
and the use of eligibility lists; and for other purposes.
Clause 1 Public Sector Employment and Management Amendment Bill 2008
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Public Sector Employment and Management 3
Amendment Act 2008. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
3 Amendment of Public Sector Employment and Management Act 2002 7
No 43 8
The Public Sector Employment and Management Act 2002 is amended 9
as set out in Schedule 1. 10
4 Amendment of other legislation 11
The Act and Regulation specified in Schedule 2 are amended as set out 12
in that Schedule. 13
5 Repeal of this Act 14
(1) This Act is repealed on the day following the day on which this Act 15
commences. 16
(2) The repeal of this Act does not, because of the operation of section 30 17
of the Interpretation Act 1987, affect any amendment made by this Act. 18
Page 2
Public Sector Employment and Management Amendment Bill 2008
Amendment of Public Sector Employment and Management Act 2002 Schedule 1
Schedule 1 Amendment of Public Sector 1
Employment and Management Act 2002 2
(Section 3) 3
[1] Section 3 Definitions 4
Omit the definition of Public Sector Notices from section 3 (1). 5
[2] Section 18 Advertising vacancies 6
Omit "in the Public Sector Notices and in such other" from section 18 (1). 7
Insert instead "on the NSW Government's recruitment website and in such". 8
[3] Section 20 Eligibility lists 9
Omit section 20 (3). Insert instead: 10
(3) An eligibility list for a position remains current for 12 months 11
after the list was created. 12
[4] Section 20 (5) and (5A) 13
Omit section 20 (5). Insert instead: 14
(5) An eligibility list is applicable not only to the position in relation 15
to which it was created (the relevant position) but also: 16
(a) to any other position in the Department that the appropriate 17
Department Head determines the list should be applicable 18
to on the basis that the other position is substantially the 19
same as the relevant position, and 20
(b) to any other position in another Department that the 21
Department Head for that Department determines the list 22
should be applicable to on the basis that the other position 23
is substantially the same as the relevant position. 24
(5A) Any such determination by the Department Head may be made at 25
any time during the currency of the eligibility list. 26
[5] Section 20 (7) 27
Omit the subsection. 28
Page 3
Public Sector Employment and Management Amendment Bill 2008
Schedule 1 Amendment of Public Sector Employment and Management Act 2002
[6] Section 21 Appointments subject to promotion appeal 1
Insert at the end of section 21 (2): 2
Note. See section 19 of the Government and Related Employees 3
Appeal Tribunal Act 1980 which requires the appropriate Department 4
Head to cause notice of the proposed appointment to be published and 5
distributed to employees. 6
[7] Section 21 (3) 7
Omit the subsection. 8
[8] Section 23 Appointments on probation 9
Omit "this Part" from section 23 (1). Insert instead "this Act". 10
[9] Section 31 Appointment of long-term employees to officer positions 11
Omit section 31 (3) (a). Insert instead: 12
(a) the employee must, at some stage of the temporary 13
employment, have been selected to perform duties at a 14
grade that is the same as (or similar to) the grade of the 15
position concerned (whether or not the duties of the 16
position are substantially the same as the duties performed 17
during the temporary employment), 18
(a1) the employee was performing duties at that grade 19
following some form of open competition that involved the 20
selection of the employee as the person who, in the opinion 21
of the Department Head, had the greatest merit among the 22
candidates concerned, 23
[10] Section 31 (3) (e) 24
Omit the paragraph. 25
[11] Section 86 Temporary staff transfers (secondments) 26
Insert after section 86 (6): 27
(6A) The head of the host agency may appoint the person who 28
becomes an employee of the agency under subsection (6) (the 29
relevant person) to a position in the agency (the new position) 30
that is: 31
(a) at the same grade as (or at a grade similar to) the relevant 32
person's original position in the home agency, or 33
(b) at any grade higher than the relevant person's original 34
position in the home agency. 35
Page 4
Public Sector Employment and Management Amendment Bill 2008
Amendment of Public Sector Employment and Management Act 2002 Schedule 1
(6B) The new position may, but need not, be advertised. Accordingly, 1
if the new position is a position in the Public Service and it is not 2
advertised, an appointment under subsection (6A) is not an 3
appointment to which section 19 applies. 4
(6C) If the relevant person is appointed to the new position, the head 5
of the host agency may decide to make the appointment without 6
requiring the person to serve any period of probation. 7
(6D) The relevant person may be appointed to the new position only if 8
each of the following requirements is satisfied: 9
(a) the rate of salary or wages payable to the person at the time 10
of appointment to the new position must not exceed the 11
maximum rate payable for Grade 12, Administrative and 12
Clerical Division, of the Public Service, 13
(b) the head of the host agency must be satisfied that ongoing 14
work is available in respect of the person in the agency, 15
(c) the head of the host agency must be satisfied that the 16
person has the relevant skills, qualifications, experience, 17
work performance standards and personal qualities to 18
enable the person to perform the duties of the new position. 19
(6E) Without limiting subsection (6D), if: 20
(a) the grade of the new position is higher than the grade of the 21
relevant person's original position in the home agency, and 22
(b) the new position has not been advertised, 23
the relevant person may be appointed to the new position only if 24
the person has been performing duties in the host agency at a 25
grade that is the same as (or similar to) the grade of the new 26
position and was performing those duties following some form of 27
open competition that involved the selection of the person as the 28
person who, in the opinion of the head of the host agency, had the 29
greatest merit among the candidates concerned. 30
[12] Schedule 4, Savings, transitional and other provisions 31
Insert at the end of clause 1 (1); 32
Public Sector Employment and Management Amendment Act 33
2008 34
Page 5
Public Sector Employment and Management Amendment Bill 2008
Schedule 1 Amendment of Public Sector Employment and Management Act 2002
[13] Schedule 4, Part 5 1
Insert after Part 4: 2
Part 5 Provisions consequent on enactment of 3
Public Sector Employment and 4
Management Amendment Act 2008 5
27 Operation of amendments 6
(1) In this clause, amending Act means the Public Sector 7
Employment and Management Amendment Act 2008. 8
(2) Existing eligibility lists 9
Section 20, as amended by the amending Act, extends to 10
eligibility lists having effect immediately before the 11
commencement of those amendments. 12
(3) Existing temporary employees 13
Section 31, as amended by the amending Act, extends to persons 14
employed as Departmental temporary employees as at the 15
commencement of those amendments. 16
(4) Existing secondments 17
The amendment to section 86 made by the amending Act extends 18
to a person who, as at the commencement of that amendment, is 19
the subject of an employee-initiated temporary transfer under that 20
section but who has not yet become an employee of the host 21
agency concerned. 22
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Public Sector Employment and Management Amendment Bill 2008
Amendment of other legislation Schedule 2
Schedule 2 Amendment of other legislation 1
(Section 4) 2
2.1 Government and Related Employees Appeal Tribunal Act 3
1980 No 39 4
Section 19 Publication of notices 5
Insert after section 19 (1A): 6
(1B) A notice under subsection (1): 7
(a) may, without limiting the manner in which it may 8
otherwise be published, appear on the NSW Government's 9
recruitment website, and 10
(b) is taken to have been distributed in accordance with 11
subsection (1) if that website contains the notice and is 12
made available to the employees of the employer. 13
2.2 Government and Related Employees Appeal Tribunal 14
Regulation 2005 15
[1] Clause 4 Publication of notices 16
Omit "section 19 (1)". Insert instead "section 19 (4)". 17
[2] Schedule 1 Forms 18
Omit "circulated in the Public Service Notices and/or advertised outside the 19
Service" from Form 1. 20
Insert instead "advertised". 21
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