Band 3 and 4 senior executives, and other Government Sector Senior Executives, must first seek guidance from the Public Service Commissioner if they intend to accept an offer of employment in the private sector. This rule applies to any future employment directly related to their current role or responsibilities and any role held in the past 2 years.
The obligations apply to the following senior executives, collectively referred to as ‘Government Sector Senior Executives’ or GSSEs:
- Secretaries of Departments
- other heads of Public Service agencies who are Public Service employees
- other Public Service employees employed in the 2 most senior executive bands (i.e. bands 3 and 4)
- other government sector senior executives employed in the 2 most senior executive bands determined under the senior executive bands determination for:
- the NSW Health Service
- the NSW Police Force
- the Transport Service of New South Wales.
Seeking guidance from the Commissioner
To seek the Commissioner’s guidance, GSSEs should complete the questionnaire below and submit it to the Office of the Public Service Commissioner (OPSC).
GSSEs wishing to request an initial discussion should contact us to schedule a convenient time.
Generally, written guidance will be provided within two business days following receipt of a completed questionnaire and any additional relevant information that may be required. Additional time may be needed where the Commissioner requires further information or in the case of complex matters. In cases where written guidance cannot be provided within two business days the GSSE will be advised of this and guidance will be provided as soon as possible.
Questionnaire for GSSEs
Access the questionnaire to provide relevant information to the Commissioner.
Information sheet
Read this factsheet for key information on the requirement to seek guidance when leaving the public sector.
Information management
All personal information will be managed in accordance with the Privacy and Personal Information Protection Act 1998.
The Commissioner’s guidance is subject to the requirements of the State Records Act 1998 and Government Information (Public Access) Act 2009. The questionnaire, any correspondence, as well as the guidance may be the subject of an access application under that Act to OPSC, or the subject of a production request by Parliament, and may be used and disclosed to meet legal responsibilities or as otherwise required or authorised by law.
If the private sector employment is accepted, and the Commissioner considers it to be in the public interest, the Commissioner may provide a copy of the guidance to the person exercising employer functions for their awareness to best manage any conflicts of interest or other identified issues. The Commissioner will request consent from the GSSE before providing a copy of the guidance to the employer. If a copy is provided to the employer, the guidance may be the subject of an access application to the employing agency or be the subject of an order by Parliament to the employing agency for production.
Statistical information of a general, de-identified nature in relation to guidance provided by the Commissioner under section 83B may be publicly disclosed by the Commissioner or OPSC.