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Public Sector Act 2009, Regulations and Code of Ethics February 2010

Public Sector Act 2009, Regulations and Code of Ethics February 2010. 1. Public Sector Act, Regs & Code. PSA view that new Act was not needed, but having been introduced, PSA has achieved significant improvements to the original Government draft Bill.

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Public Sector Act 2009, Regulations and Code of Ethics February 2010

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  1. Public Sector Act 2009, Regulations and Code of Ethics February 2010 1

  2. Public Sector Act, Regs & Code PSA view that new Act was not needed, but having been introduced, PSA has achieved significant improvements to the original Government draft Bill. Concern continues about aspects of the Act & how it may be used. 2

  3. Public Sector Act, Regs & Code • The Public Sector Act 2009 was assented to in July 2009. • PSA achieved extensive changes to the original Bill with the support of the non -Government Parties and MLCs in the Upper House. • The Act came into force on 1 February 2010, replacing the Public Sector Management Act 1995. 3

  4. Public Sector Act, Regs & Code The Act provides for an employment framework which: Creates public sector wide principles Devolves significant power to Chief Executives Commissioner for Public Sector Employment (CPSE) can issue Determinations Three employment categories exist. ie Ongoing, term or casual Concept of positions & position ownership does not exist Introduces new grievance processes New Code of Ethics introduced 4

  5. Public Sector Act, Regs & Code The Act provides for an employment framework which: (cont’d) Higher Duties Allowance - no minimum time period specified for eligibility. This was negotiated by PSA in the 2006 Parity Agreement, but required legislative change. Provision also exists for payout of Long Service Leave upon request. 5

  6. Public Sector Act, Regs & Code • Significant changes achieved by PSA between the original Bill & the final Act • Whistle-blowing protections are improved. • Commissioner for Public Sector Employment role expanded. • Code of Conduct provisions have been improved. • Reclassification Appeals are guaranteed. • Termination by Chief Executives can occur, but in a framework requiring the CPSE to be informed, and 14 days for advice to be considered, now a requirement. Appeal to IRC also exists. • Suspension with pay except in defined circumstances. • An Appeal right exists for transfers necessitating change of residence. • Grievance Appeal Tribunals have been re-instated to the legislation. • Note: References to “improvement” refer to comparison with the original Bill 6

  7. Public Sector Act, Regs & Code Regulations Key changes achieved: Reg.25 Suspension without pay is subject to review (draft Reg denied a review). Reg.20 Agency cannot vary ordinary business hours. Family Carer’s Leave and Special Leave now in Regs. 7

  8. Public Sector Act, Regs & Code Code of Ethics The Code of Ethics is the Code of Conduct for the purposes of the PS Act The Code places greater value on guiding values & principles Applies to all Public Sector employees Breaches of the Code may result in disciplinary action 8

  9. Public Sector Act, Regs & Code Further information Agencies are required to inform staff. Attend information sessions. PSA : www.cpsu.asn.au CPSE : www.espi.sa.gov.au 9

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