Legislative Framework

The GSE Act provides the statutory framework for NSW government sector employment and workforce management. It provides for a single executive structure across the Public Service, with common employment arrangements. Relevantly, the GSE Act provides the following:

• Secretaries of Departments and the heads of other Public Service agencies are responsible to the Minister or Ministers to whom the Department or agency is responsible for the general conduct and management of the functions and activities of the Department or agency in accordance with the government sector core values (sections 25 and 30).
• The Secretary of a Department exercises the employer functions in relation to senior executives in the Department and those assigned to roles in executive agencies related to the Department, and in relation to certain agency heads. In exercising employer functions, a Secretary is not subject to the direction or control of a Minister (section 26). The head of a separate agency exercises the employer functions in relation to the senior executives in that separate agency.
• In determining the number of senior executives and the appropriate band in which they are employed, the employer is to apply the applicable work level standards and have regard to any guidance provided by the Public Service Commissioner (section 37). Equivalent legislation applying to the Transport Service, Health Service and Police Force also requires the employer to apply the applicable work level standards and have regard to any guidance provided by the Public Service Commissioner.