New South Wales Consolidated Acts
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GOVERNMENT SECTOR EMPLOYMENT ACT 2013 - SECT 13
Directions by Commissioner to heads of government sector agencies
(1) The Commissioner may, for the purposes of exercising his or her functions
or ensuring compliance with this Act, the regulations and the
government sector employment rules, give a direction in writing to the head of
a government sector agency on a specific matter in relation to the employees
of that agency.
(1A) If any such direction is given to the Secretary of a
Department, the direction may extend to the Public Service senior executives
employed in a Public Service executive agency related to the Department.
(2)
Before giving a direction the Commissioner is to consult the head of the
government sector agency to whom the direction is to be given and such other
persons affected by the direction as the Commissioner considers appropriate.
(3) The head of the government sector agency to whom a direction under this
section is given must comply with the direction.
(4) However, the head of a
separate Public Service agency is not required to comply with the direction if
the head considers that the direction is not consistent with the independent
exercise of statutory functions by the head and the agency. The head is
required to report to any Parliamentary Committee that oversees the exercise
of those functions on the reasons for any non-compliance with the substantive
employment outcomes sought by the direction.
(5) A direction under this
section-- (a) must not be inconsistent with this Act (including the
regulations and the government sector employment rules) or with the principal
objectives of the Commissioner referred to in this Division, and
(b) must be
made publicly available by the Commissioner as soon as practicable after it is
given.
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