Government Sector reforms

The Government Sector Employment Act 2013 (GSE Act) commenced on 24 February 2014. This act replaces the Public Sector Employment and Management Act 2002.

The GSE Act is part of the strategy to modernise the NSW Government Sector and provides a new and simple statutory framework for employment and workforce management.

Employment structure

The GSE Act establishes two main employment structures:

  • the public service;
  • the wider government sector which includes the public service, teaching service and any other service of the Crown (for example, the TAFE Commission)

Certain provisions of the GSE Act apply only to public service employees (for example, employment in a classification of work and assignment to a role for non-executive employees), while other provisions apply to the wider government sector (for example, workforce diversity and performance management systems).

Public Service

From 24 February 2014, all public service staff will be employed under the GSE Act.

Teaching Service, SASS and TAFE staff

Teaching Service, SASS and TAFE staff will not be part of the Public Service however they are part of the wider government sector under the GSE Act. These staff will continue to be employed under their relevant legislation:

  • Teaching service staff - under the Teaching Service Act 1980.
  • School administrative and support (SAS) staff – under the Education (School Administrative and Support Staff) Act 1987.
  • TAFE Commission staff - under the Technical and Further Education Commission Act 1990. TAFE Commission staff will continue to be covered by the provisions of the Fair Work Act 2009 and their current enterprise agreement conditions are unaffected.

Executive reforms

The executive structure reforms involve consolidating the SES, senior officers and other equivalent executives into a single Public Service senior executive structure.

On 16 July 2014 the Executive approved the cluster 'vertical' approach to executive reform. 

Functional areas which are ready to implement the executive reform principles this year will implement the reforms by 30 June 2015. Other business areas which are not ready to implement the reforms this year will implement them by 27 November 2015.

The following roles are not affected by the Public Service senior executive reforms:

  • School principals
  • Senior officers (TAFE)
  • Institute managers (TAFE)
  • Cluster managers (TAFE).

Implementation of the reforms

To assist in the implementation of the GSE reforms, focusing on strategic directions, a small GSEA Taskforce was formed, led by Mark Philip, Director Industrial Relations.

On 9 July 2014 the Secretary approved new delegations to replace the previous PSEMA delegations. The delegations introduce the necessary changes to comply with the GSE legislation, while maintaining existing practices where business requirements are unchanged, and generally making the formal presentation of the delegations simpler and easier to understand. The new Delegations of Authority can be accessed by staff through the intranet

Support for the implementation of the recruitment and employment provisions of the GSE Reforms will be provided by staff of the People and Services Directorate. The key areas which are currently developing supporting arrangements for the implementation of the provisions of the GSE Act are Workforce Management and Development, Director Paul Finlay and People and Careers, Director Mark Anderson.

Resources from the PSC seminars

Briefings on the GSE Act and related reforms were held from March - May 2014.

For those who did not attend, the Presentation slides are available on the PSC website.

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