Personnel Handbook

1 Personnel Handbook Version Public Service Commission Updated September 2013 First Published August 1999 Public Service Commission, New South Wales 2011 Personnel Handbook Version This work is copyright. Apart from any use permitted under the Copyright Act 1968 (Cwlth) no part may be reproduced, copied, stored in a retrieval system or transmitted in any form or by any process without prior permission of the Public Service Commission The Personnel Handbook is an electronic publication which may be updated on-line at any time rendering physical copies out of date. Accordingly, the Public Service Commission does not recommend the use of copies. New South Wales Government departments scheduled under the Public Sector Employment and Management Act 2002 may request permission for limited copying for internal purposes orally by telephoning 9272 6000.

2 Other State public authorities and non-Government organisations must obtain approval in writing before copying any part. Public Service Commission Level 14, 4-6 Bligh Street Sydney NSW 2000 Australia ISBN 978-0-7313-3500-8 Forewordi De i nitions In this Handbook : The PSEM Act 2002 means the Public Sector Employment and Management Act 2002 (PSEM Act 2002). All references to the Public Sector Management Act 1988 are clearly identified. The Regulation means the Public Sector Employment and Management Regulation 2009 The Award means the Crown Employees (Public Service Conditions of Employment) Award 2009. This Act or this Regulation or this Award means the Act, Regulation or Award (other than those mentioned above) which is specified as having relevance to the particular section. Public servant has the same meaning as member of staff defined in section 3 of the PSEM Act 2002, namely an officer, a temporary employee, or a casual employee and, unless otherwise stated, includes both full time and part time employees.

3 Employee is the term generally used rather than public servant unless it is necessary to distinguish between public servants employed under the PSEM Act 2002 and employees of public sector agencies. Public Sector Agency has the same meaning as public sector service defined in section 3 of the PSEM Act 2002. Naming of referenced Circulars and Memoranda References to Circulars issued by Public Service Commission use the format: PSCC2013-99 Title. References to Circulars issued by Public Sector Industrial Relations use the format: PSIR C2013-99 Title. References to Circulars issued by Department of Premier and Cabinet use the format: C2013-99 Title. References to Premiers Memoranda to Ministers use the format: M2013-99 Title. References to Circulars issued by Public Employment Office use the format: P2013-99 Title (2013-99 Title represents YYYY-XX where YYYY is the year and XX is number of the annual issue and Title is the subject title of the publication).

4 DISCLAIMER The Personnel Handbook is intended to be a helpful guide to human resources directors, managers, officers and employees. It is not written for jurists or lawyers and it has no legal status. In all matters subject to dispute, reference must be made to source documents such as legislation and industrial instruments. These references are generally included at the head of each section. Foreword Foreword The Personnel Handbook is compiled from legislation, awards, agreements, determinations and policy guidelines relating to conditions of employment in the NSW Public Service. The Handbook does not seek to replace these documents, but to draw their principal provisions together into a single reference source. The Personnel Handbook is published by the Public Service Commission in consultation with Public Sector Industrial Relations, NSW Industrial Relations.

5 This version reflects all legislation and human resources policy updates available at the time of publication. Content on industrial relation matters is contributed by Public Sector Industrial Relations. The Personnel Handbook is reviewed regularly. Any suggestions to improve the next edition may be e-mailed to Chief and Senior Executive Service The Personnel Handbook does not apply to chief or senior executive positions. guidelines relating to these positions may be accessed through publications on the DPC website: Senior Executive Service . Enquiries Industrial relations enquiries: All other enquiries: Handbook Version Handbook Version 5 10 15 20 25 Contents Chapter 1 Creating positions work 35 3-10 Standards of selection on merit 60 1-1 Creating positions 6 2-15 Criminal records checks 35 3-11 Advertising and selection on merit 60 1-2 Classifying and grading positions 6 2-16 Recommending an appointment 37 3-12 Acting appointment to positions (s24) 61 1-3 guidelines on Senior Officer classification 8 Appendix 1A.

6 NSW Public Sector Job Evaluation guidelines March 2011 Chapter 2 Recruitment, selection and appointment 14 2-1 Sources of authority 2-2 Employment policy 15 2-17 Appointment 2-18 Appeals Appendix 2A: Sample Forms - recruitment, selection and appointment Appendix 2B: Sample Forms Recruitment, selection and appointment Appendix 2C: Public sector employment options table 42 46 50 54 55 3-13 Temporary staff transfers (secondments) (s86) 61 3-14 Employer-sponsored permanent transfers (s87) 63 3-15 Temporary assignment of public sector staff to other agencies (s88) (Appendix 3-B) 64 3-16 Cross-agency employment (s100) 64 3-17 Other issues and entitlements 65 2-3 Recruitment and selection process 2-4 Filling vacant positions2-5 Major restructuring within agencies2-6 Excess employees2-7 Acting appointments 2-8 Permanent appointments2-9 Using recruitment service providers2-10 Recruitment advertising 18 19 19 21 22 24 Chapter 3 Commentary and guidelines on staff mobility 3-1 Sources of Authority 3-2 Terminology 3-3 Application of Provisions 3-4 Purpose and operation3-5 Delegation Department Head/Head of aPublic Sector Agency 56 57 57 58 58 59 3-18 Eligibility 3-19 Transfer of funds Appendix 3A: Procedure Obtaining employee s consent Appendix 3B: guidelines Temporary assignments Appendix 3C.

7 guidelines Cross-agency employment 67 67 68 72 75 2-11 Employment and training initiatives 2-12 Handling enquiries and applications 27 28 3-6 Secondary employment3-7 Probity and screening requirements 59 59 Chapter 4 Leaving Public Service employment 77 2-13 Roles and responsibilities of selection panels 2-14 Employment screening for child related 29 3-8 Arranging for work to be done temporarily 593-9 Principles of merit selection59 4-1 Source of authority 4-2 General 78 78 Personnel Handbook Version 4-3 Payment for leave entitlements 78 6-4 Adoption leave124 Appendix 6D: Sample authority relating to 4-4 Medical retirement79 6-5 Concessional leave124 illness/injury not covered by workers compensation 164 4-5 Medical appeals/reviews80 6-6 Extended leave125 Appendix 6E: Extended leave - Recognition 4-6 Resignation80 6-7 Family and community service leave 132 of service with an authority, the 4-7 Exit interviews 80 6-8 Leave without pay133 Commonwealth or another State for employees commencing in the NSW 4-8 Retirement82 6-9 Parental Leave135 public service prior to 1 January 2006 165 4-9 Dismissal82 6-10 Military Leave 139 4-10 Death Appendix 4A.

8 Sample medical retirement or departmental temporary employee 84 85 6-11 Natural emergencies and major transport disruptions 140 6-12 Observance of essential religious duties Chapter 7 Allowances 7-1 Introduction 167 168 5-1 Industrial matters 87 and cultural obligations 140 7-2 Camping and camping allowances 168 5-2 Salary administration 5-3 Administering employee records 5-4 Occupational health and safety88 92 97 6-13 Carer s leave 6-14 Public Holidays 6-15 Recreation leave and annual leave loading 141 141 141 7-3 Community Language Allowance Scheme (CLAS) 170 7-4 Compensation for personal property171 7-5 Composite allowance171 5-5 Employees retreat space99 6-16 Purchased Leave 145 7-6 Cost of travel to and from work172 5-6 Workers compensation100 6-17 Sick Leave 145 7-7 First aid allowance 172 5-7 Travel injury insurance 110 6-18 Special leave 148 7-8 Flying allowance172 5-8 Fitness to Continue Procedures110 6-19 Leave for matters arising from domestic 7-9 Forage for Horses172 Appendix 5A: Flow Chart: Managing Non Work Related Injuries or Health Condition 117 Appendix 5B.

9 Authority for Release of Medical violence 6-20 Study, employee development and training activities 152 152 7-10 Higher duties allowance 7-11 Motor vehicle allowances 172 175 Information 118 6-21 Trade union and employee 7-12 On-call allowance 176 5-9 Private employment119 representative activities, and 7-13 Overseas travelling allowances 176 5-10 Employees contesting Federal and State industrial action 157 7-14 Remote areas allowances and elections 120 6-22 Leave to attend Reserve Forces Day travelling on recreation leave 179 5-11 Taxis for employees working late 121 parades 159 7-15 Room at home as an office 180 Appendix 6A: Extended leave provisions applying before 1 April 1991 160 7-16 Semi-official telephone subsidy 180 Chapter 6 Attendance, leave and absences 6-1 Introduction 6-2 Hours of duty 122 123 123 Appendix 6B: Cumulative sick leave entitlement up to 30 April 1998 162 Appendix 6C: Sample undertaking relating to illness/injury not covered by workers 7-17 Travel arrangements 7-18 Travelling and meal allowance for employees required to attend examinations 180 180 6-3 Leave administration 124 compensation 163 7-19 Uniforms, protective clothing and Personnel Handbook Version 190 191 192 195 laundry allowance 181 7-20 Skills shortage allowances 181 Appendix 7A.

10 Sample - claim form for motor insurance (private vehicle damage on official business) 182 Chapter 8 Model Code of Conduct 183 8-1 Introduction 184 8-2 Applicability of this model code of conduct 184 8-3 Values and principles for all public employees 184 8-4 Guide to ethical decision making185 8-5 Discrimination and harassment186 8-6 Public comment on the work of thedepartment 186 8-7 Protecting confidential information 186 8-8 Use of official facilities and equipment 1868-9 Secondary employment187 8-10 Political and community participation 187 8-11 Reporting corrupt conduct, maladministration and waste 187 8-12 Post separation employment 187 8-13 Lobbying 187 Chapter 9 Management of Conduct and Performance 188 9-1 Sources of Authority 189 9-2 Application of Provisions 189 9-3 Purpose and Operation 189 9-4 Application and effect of Guidelines190 9-5 Terminology9-6 Using remedial and disciplinary actions 1919-7 Use of Disciplinary Options 9-8 Implementing of Remedial Action9-9 External notification requirements193 9-10 General principles 9-11 Alternative Duties or Suspension of officers from Duty 9-12 Deciding each case on merit 9-13 Determining what action is to be taken 195 Appendix 9A: Misconduct Appendix 9B: Unsatisfactory performance 217 Appendix 9C: Criminal offences - guidelines for dealing with a serious offence 228 Appendix 9D.