Matters handled by the Public Service Commissioner
The Public Service Commissioner has certain powers to act in relation to matters relating to NSW government sector agencies. For example, the Commissioner may:
- issue directions for the purposes of exercising the Commissioner’s functions or ensuring compliance with the Government Sector Employment Act 2013 (GSE Act), regulations or rules
- require a NSW government sector agency head to provide a report on matters relating to the employees or the employment policies and practices of the agency
- conduct an inquiry (or appoint someone else to conduct an inquiry) into any matter relating to the administration or management of a NSW government sector agency
The Commissioner has discretion to determine whether a complaint warrants the exercise of any of the Commissioner’s powers, and is not required to conduct an inquiry. Please see the Guideline: Inquiries into the administration and management of government sector agencies for further information about the Commissioner’s inquiry power.
The Commissioner does not have power to investigate or conciliate individual complaints about decisions by NSW public sector agencies or how they deliver their services or perform their functions.
- The Commissioner does not review or conciliate agency decisions in relation to individual employment matters or provide individual employment advice to current or former employees.
- The Commissioner does not review or conciliate agency decisions relating to services provided by an agency to a customer or member of the public.
Important note about individual complaints about NSW public sector agencies and where to get help
You should normally raise any complaint directly with the NSW public sector agency concerned, or with an oversight or enforcement body (for example, an investigating authority) with power to deal with your complaint, as they are normally best placed to resolve the matter.
Please see the table below for more guidance. Please note that this information may not be complete or necessarily apply to your particular circumstances.
| Nature of enquiry or complaint | Where to get help |
|---|---|
All individual employment matters, including:
| Please contact management or human resources area of your employing agency for advice. If you are a union member, you can also seek advice from your union. |
Allegations of corrupt conduct | Independent Commission Against Corruption
|
Allegations of criminal conduct | NSW Police
|
Breaches of pecuniary interest provisions under the Local Government Act 1993 and about the conduct of local councillors | Office of Local Government
|
| Discrimination | Anti-Discrimination Board of NSW
|
Government Information (Public Access) Act 2009 (GIPA); or privacy by a NSW government agency | GIPA
NSW Civil and Administrative Tribunal
Privacy
|
Individual employment matters for employees covered by federal industrial instruments under the Fair Work Act 2009 (Cth) (e.g., modern awards and enterprise agreements) | Fair Work Ombudsman
|
Maladministration of a NSW government agency, including unfair or unreasonable treatment by a NSW government agency (Note: the NSW Ombudsman does not investigate individual employment matters) | NSW Ombudsman
|
| Public interest disclosures (PID) A PID is a report by a public official about serious wrongdoing by a by a public authority or public official. Serious wrongdoing means corrupt conduct, a government information contravention, a local government pecuniary interest contravention, serious maladministration, a privacy contravention or a serious and substantial waste of public money. | The NSW Ombudsman provides advice and guidance to public sector staff about reporting serious wrongdoing. NSW Ombudsman, PID Unit
More information about making a public interest disclosure is available on the Premier’s Department and each agency website. |
| Police misconduct | Law Enforcement Conduct Commission
|
Serious and substantial waste of NSW public money or government money | The Auditor-General
|
Superannuation complaints | The superannuation fund concerned or, if that approach is not successful, please contact: Australian Financial Complaints Authority
|
Unfair dismissal claims under the Industrial Relations Act 1996 | NSW Industrial Relations Commission
|
Unfair dismissal claims under the Fair Work Act 2009 (Cth) | Fair Work Commission
|
Individual employment matters for employees covered by federal industrial instruments under the Fair Work Act 2009 (Cth) (e.g., modern awards and enterprise agreements) | Fair Work Ombudsman
|
Work health and safety obligations including bullying | SafeWork NSW
|
Enquiries and complaints to the Public Service Commissioner and Office of the Public Service Commissioner (OPSC)
The Commissioner and OPSC are committed to responding to enquiries and complaints received by the Commissioner or OPSC fairly, efficiently and effectively. Complaints are handled in accordance with relevant legislation, legal requirements and applicable policies.
NSW Premier’s Department policies apply to the handling of external complaints about the OPSC and the handling of public interest disclosures, and are available on the NSW Premier’s Department website.
You can lodge an enquiry or complaint with the Commissioner or OPSC by contacting us. Complaints should be acknowledged within 5 business days of receipt, and responded to in writing within 21 days unless otherwise advised.
Please note the Commissioner or OPSC may be required by law to refer your complaint to the agency concerned or to a law enforcement or oversight body.