- This directive sets out requirements and administrative arrangements for employment of a public service officer on a fixed term contract, where the remuneration is equal to, or higher than, that payable to a senior officer (SO). This directive does not apply to senior executives employed under chapter 5, part 3 of the Public Sector Act 2022 (the Act).
2. Authorising provisions
- This directive applies to:
- public service employees employed as public service officers on a contract for a fixed term under section 155 of the Act
- chief executives of public service entities as provided for in sections 16 and 17 of the Act, in their capacity as a chief executive of a public service entity or of public service employees.
- Section 229 of the Act outlines the relationship between a directive and industrial instrument including how to deal with inconsistencies.
- Commission Chief Executive (CCE) Directive 18/18: Fixed term contracts of employment– executive employees is repealed and superseded by this directive.
- Chief executives are responsible for making decisions under the provisions of chapter 4, part 3 (Employment of public service officers) of the Act.
- Chief executives are required to act in a way that is compatible with the main purpose of the Act including by:
- providing for the key rights, obligations and employment arrangements of public sector employees
- treating public sector employees fairly
- taking steps to promote equity, diversity, respect and inclusion in employment, including for diversity target groups.
- Under the Human Rights Act 2019 decision makers must:
- act and make decisions in a way that is compatible with human rights
- give proper consideration to human rights when making a decision under the Act and Public Sector Commissioner (Commissioner) directives.
- Under chapter 1, part 3 (Reframing of State’s relationship with Aboriginal peoples and Torres Strait Islander peoples) of the Act, reframing entities have a unique role in supporting the State government in reframing its relationship with Aboriginal peoples and Torres Strait Islander peoples by fulfilling certain responsibilities. Under section 21 of the Act, the chief executive of a reframing entity is responsible for ensuring the entity fulfils this role. Chief executives must act in a way which is consistent with these responsibilities when applying and making decisions under the Act and Commissioner directives.
- Under chapter2 (Equity, diversity, respect and inclusion) and chapter 3 (Public sector arrangements) of the Act, chief executives of public service entities have a duty to promote equity and diversity in relation to employment matters, which includes in the application of and making decisions under the Act and Commissioner directives.
- In addition to any specific requirements in this directive, chief executives of public sector entities are required to consider ways to support accessibility and inclusion for employees when undertaking processes, or applying provisions, under this directive.