AGY-6469 | Public Service Commission

Full description

The Public Service Commission was established from 1 November 2011 by the Public Sector Employment and Management Amendment (Ethics and Public Service Commissioner) Act 2011. (1) The Act created the office of the Public Service Commissioner who was to be appointed upon the recommendation of the Public Service Commission Advisory Board and amended Schedule 1 Division 2 of the Public Sector Employment and Management Act 2002 (Act No.43, 2002) to include the division of the Public Service Commission. (2)

On 1 November 2011 the group of staff in the Department of Premier and Cabinet comprising the Public Sector Workforce Branch (other than those staff who, in the opinion of the Director-General of that Department, were principally involved in the exercise of the industrial relations functions conferred on the Director-General under the Public Sector Employment and Management Act 2002) were removed from that Department and added to the Public Service Commission. (3)

The Act gave the Public Service Commissioner the function of promoting and maintaining the public sector core values. The core values for the public sector and the principles to guide their implementation were identified as:

Integrity
(a) Consider people equally without prejudice or favour.
(b) Act professionally with honesty, consistency and impartiality.
(c) Take responsibility for situations, showing leadership and courage.
(d) Place the public interest over personal interest.

Trust
(a) Appreciate difference and welcome learning from others.
(b) Build relationships based on mutual respect.
(c) Uphold the law, institutions of government and democratic principles.
(d) Communicate intentions clearly and invite teamwork and collaboration.
(e )Provide apolitical and non-partisan advice.

Service
(a) Provide services fairly with a focus on customer needs.
(b) Be flexible, innovative and reliable in service delivery.
(c) Engage with the not-for-profit and business sectors to develop and implement service solutions.
(d) Focus on quality while maximising service delivery.

Accountability
(a) Recruit and promote staff on merit.
(b) Take responsibility for decisions and actions.
(c) Provide transparency to enable public scrutiny.
(d) Observe standards for safety.
(e) Be fiscally responsible and focus on efficient, effective and prudent use of resources. (4)

The principal objectives of the Commissioner were:
(a) to promote and maintain the highest levels of integrity, impartiality, accountability and leadership across the public sector;
(b) to improve the capability of the public sector to provide strategic and innovative policy advice, implement the decisions of the Government and meet public expectations;
(c) to attract and retain a high calibre professional public sector workforce;
(d) to ensure that public sector recruitment and selection processes comply with the merit principle and adhere to professional standards;
(e) to foster a public service culture in which customer service, initiative, individual responsibility and the achievement of results are strongly valued;
(f) to build public confidence in the public sector; and
(g) to support the Government in achieving positive budget outcomes through strengthening the capability of the public sector workforce. (5)

The Commissioner had the following functions:
(a) to identify reform opportunities for the public sector workforce and to advise the Government on policy innovations and strategy in those areas of reform,
(b) to lead the strategic development and management of the public sector workforce in relation to the following:
(i) workforce planning, including identifying risks and strategies to minimise risks;
(ii) recruitment, particularly compliance with the requirements relating to appointment and promotion on merit;
(iii) performance management and recognition;
(iv) equity and diversity, including strategies to ensure the public sector reflects the diversity of the wider community;
(v) general conduct and compliance with ethical practices;
(vi) learning and development;
(vii) succession planning;
(viii) redeployment, including excess employees;
(ix) staff mobility;
(x) executive staffing arrangements;
(c) to advise the Government on leadership structure for the public sector,
(d) to advise the Government on appropriate strategies, policies and practices in relation to the structure of the public sector workforce,
(e) to advise the Government on appropriate strategies, policies and practices in relation to such other public sector matters as the Minister may direct from time to time, and to monitor, co-ordinate and assist the implementation of Government strategies, policies and practices in such other areas as the Minister may direct from time to time,
(f) to develop and advise the Government on service delivery strategies and models for the public sector through collaboration with the private business sector, the not-for-profit sector and the wider community, and
(g) to set standards, subject to any legislative requirements, for the selection of persons for appointment as members of boards or committees of public authorities (including Government business enterprises).
The Commissioner also had and could exercise such other functions as were conferred or imposed on the Commissioner by or under the Public Sector Employment and Management Act 2002 (Act No.43, 2002) or any other Act, including functions relating to Equal Employment Opportunity under Part 9A of the Anti-Discrimination Act 1977 (Act No.48, 1977). The Commissioner was to exercise his or her functions in accordance with the general policies and strategic directions determined by the Advisory Board. (6)

On 25 June 2013, when the Government Sector Employment Act 2013 (Act No.40, 2013) replaced the Public Sector Employment and Management Amendment (Ethics and Public Service Commissioner) Act 2011 (Act No.48, 2011), the Commission was re-established. (7)

The government sector, as defined by the Government Sector Employment Act, includes the Public Service, the Teaching Service, the NSW Police Force, the NSW Health Service, the Transport Service of New South Wales, any other service of the Crown (including the service of any NSW Government agency) and the service of any other person or body constituted by or under an Act or exercising public functions (such as a State owned corporation), being a person or body that is prescribed by the regulations for the purposes of this definition. The public sector incorporates the government sector and the service of certain other public bodies including the Independent Commission Against Corruption, the Audit Office of New South Wales, the Parliament, the Judicial Commission, and the service of State-owned corporations such as water and energy companies. (8)

On the 1 July 2024, the Public Service Commission was abolished and persons employed in the Public Service Commission were transferred to the Premier’s Department. (9)

Endnotes
1. Public Sector Employment and Management Amendment (Ethics and Public Service Commissioner) Act 2011 (Act No.48, 2011) amending the Public Sector Employment and Management Act 2002 (Act No.43, 2002) (the Principal Act).
2. Principal Act, s.3D (2) and 3Q.
3. Public Sector Employment and Management (Public Service Commission and Other Matters) Order 2011 (2011 No 558); NSW Legislation Website, 28 October 2011.
4. Principal Act, s.3B and 3C.
5. Principal Act, s.3E.
6. Principal Act, s.3F.
7. Government Sector Employment Act 2013 (Act No.40, 2013), s.9 (1); Commencement Proclamation (2013 No 631), NSW Legislation website, 8 November 2013.
8. NSW Public Service Commission, Annual Report 2020-2021, p.6.
9. Administrative Arrangements (Administrative Changes—Miscellaneous) Order 2024 (2024 No.2), Schedule 1, Amendment of Administrative Arrangements (58th Parliament) Order 2023, NSW Legislation Website, 28 June 2024.