Offers of employment and initial assignment
Public Service non-executive employees are employed in an agency in a classification of work and their employment is on an ongoing, temporary or casual basis.
When employed, they are assigned to a role in the relevant classification of work (GSE Act s45 and s46). The head of a Public Service agency may from time to time assign Public Service non-executive employees to roles in the agency in the classification of work in which they are employed.
Similarly, Public Service senior executives are employed under the GSE Act as ongoing or term employees in a senior executive band and are assigned to a role within that band (GSE Act s37 and s38).
Employees engaged as a result of recruitment to an advertised role will initially be assigned to that role. Employees engaged from a talent pool may initially be assigned to any role for which they have been assessed as having the focus capabilities (as a minimum).
The letter of offer to both senior executives and non-executives should state whether the offer is for ongoing, temporary, term or casual employment, the particular classification of work or band in which the person is being offered employment, and the details of the initial assignment. For ongoing employees, the letter should also include a statement indicating that the employee may be assigned to different roles in the future within the same classification of work and agency (for a non-executive employee) or within the same band but in any Public Service agency (for a senior executive employee).
Assignment of temporary and term employees
Temporary (non-executive) employees are employed for a temporary purpose (s43 GSE Act). Term (senior executive) employees are engaged to work for a specified period or for the duration of a specified task (s34 GSE Act).
Temporary and term employees are generally assigned to temporary roles. Temporary and term employees may also be assigned to temporary vacancies in ongoing roles (for example while recruitment action for ongoing filling is underway).
Because temporary and term employment is for a temporary purpose, or for a specified period or task, temporary and term employees should not be assigned (GSE Act s38 or 46) to subsequent roles unless consistent with the original purpose and within the original period of employment. If their services are required for a new role, non-executive employees should be issued with a new offer of temporary employment for the duration of the new assignment, and term employees should be offered a new or varied contract of employment for the duration of the new assignment, consistent with the rules on temporary and term employment.
Note
While GSE Act s64 and s66 could be used for senior executive movements between government sector agencies, the policy intent is that movements between Public Service agencies should be made as assignments under s38. The use of s66 should be limited to movements between the government sectors and a non-government sector body as defined in s 66(6) and s64 should be used for transfers and secondments between government sector (non-Public Service) agencies.
For information on transfers, secondments and temporary assignment of staff between NSW government sector agencies and other relevant bodies, refer to GSE Act s64 and 66, and Part 6 of the GSE Rules.