Secondments
Secondments - GSE Act s64, GSE Rules Part 6
A secondment is a time-limited movement of a government sector employee from one government sector agency (the employing organisation) to another government sector agency (the host organisation). Secondments are for a maximum period of two years. The maximum period applies regardless of whether the employee works in more than one role or takes a period of leave (including leave without pay) during the secondment period.
Secondment of employees to staff of members of Parliament roles can be dealt with under section 64 of the GSE Act and specific information on this process is dealt with under section 35 of the Government Sector Employment Regulation 2014.
Assessment and advertising guidance
Procedural requirements for secondments are outlined in Part 6 of the GSE Rules. Rule 31(6) makes clear that, before an employee is seconded to another government sector agency, the head of the employing agency must ensure the employee is suitable for the role, position or work they will be undertaking.
In addition, non‑executive and senior executive employees must not be seconded into a role if they do not meet the essential requirements listed in the role description, such as a required qualification or licence.
While there is no mandated advertising or assessment requirements for secondments, it is recommended that agencies consider the assessment and advertising guidance outlined below:
Up to 6 months: The delegate/manager of the new role is satisfied the employee has the capabilities required to perform the role.
To confirm this, the hiring manager may consider using a range of approaches, including:
- talking with the employee
- reviewing their recent work
- discussing their performance with their current or former manager.
6 up to 12 months: Suitability assessment (see GSE Rule 18) completed and no advertising.
12 months to 2 years: Comparative assessment (see GSE Rule 17) completed with advertising across the Public Service or external advertisement.
Pre secondment
Secondments can occur at the employee’s current level, at a higher level or, if the employee agrees, at a lower level. A secondment may be initiated by either the employer or the employee. An employee can request a secondment to another NSW government sector agency, even if the opportunity has not been formally advertised.
An employee’s remuneration must not be reduced during a secondment without the written approval of the employee.
Under Rule 31 of the GSE Rules, a secondment agreement between the heads of the two agencies is required. A copy of this agreement must be provided to the employee. Rule 31 also sets out the specific information that must be included in the agreement. A template secondment agreement is available here (DOCX 43.93KB).
For details on the checks that must be completed before a secondment begins, see the probity screening section of these guidelines.
Non-executive secondment to senior executive roles
Non-executive employees who are seconded into senior executive roles do not need a senior executive contract. Instead, a secondment agreement between the agency heads is required under rule 31 of the GSE Rules. The employee must be given a copy of this agreement, and a record of the secondment must be kept on their employment file.
During a secondment
Seconded employees must comply with the Code of Ethics and Conduct for NSW government sector employees (Public Sector Code) issued by the NSW Public Service Commissioner, as well as the Host Agency’s supplementary Code of Conduct (if applicable).
Seconded employees must also follow the policies of both their employing agency and the host agency. If the policies are inconsistent, the host agency’s policies prevail.
The host agency is responsible for managing any performance issues that may arise during the secondment.
Before the secondment ends, both agencies should discuss arrangements for the employee’s return. The employee’s manager in the home agency should identify suitable roles for the employee to move into when they return, and talk with the employee about these options ahead of time. In deciding what roles may be suitable, the manager should consider:
- the employees wish to return to their previous role, if available
- the capabilities needed for available roles
- the employee’s own capabilities
- the employee’s career preferences, and
- the staffing needs of the agency
Secondment to a different location
A secondment may be initiated by either the employer or the employee and can involve moving to a role in another agency located in a different geographical area. When this happens, the agency should consider its workforce needs, how the role will be filled, and must consult with the employee about the proposed move.
The agency should also consider provisions within the relevant industrial instrument where applicable. In some cases, the provisions of the Crown Employees (Transferred Employees Compensation) Award may apply to non-executive employees who are employed in Public Service agencies as defined under Schedule 1 of the GSE Act. This award outlines certain entitlements and protections that may be relevant when a secondment involves relocation.
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