Public Sector Management & Employment Act of 1998

The Public Sector Management and Employment Act of 1998 is an Australian legislative act to provide for the management of the public sector in the state of Victoria. The aim of the act was to bring public sector employees under the same industrial framework as private sector workers. Further aims included promoting a spirit of service to the community among public sector employees and maintaining appropriate standards of conduct and integrity in the public sector. The 1998 act was repealed by the Public Administration Act of 2004.

Principles of Public Sector Employment

Part 2 of the Public Sector Management and Employment Act of 1998 set out the principles for the employment of public sector workers. All employment decisions were to be based on merit and all employees provided with equal employment opportunities. The act required public sector employees to act impartially and with integrity in the course of their employment.

Framework for the Public Service

Part 3 of the Public Sector Management and Employment Act established a new framework for the structure of the public service in Victoria. The act divided the public service into departments and administrative offices. The heads of each department and administrative office had all the rights, powers, authorities and duties of an employer over the employees working within it.

Commissioner for Public Employment

The Public Sector Management and Employment Act of 1998 established the office of commissioner for public employment. The functions of the commissioner included promoting the principles set out in the act and issuing written directions relating to those principles. Section 37 of the act required the commissioner to prepare an annual report on the application of these principles.

Public Employment Minister

Part 6 of the act set out the functions of the public employment minister in the state of Victoria. These include securing the overall efficiency and effectiveness of the public sector and facilitating improvements in the leadership and management of employees.

Developments Since 1998

Section 113 of the Public Administration Act of 2004 repealed the Public Sector Management and Employment Act of 1998. The Public Administration Act reaffirms the principles of merit and equity and aims to promote the highest standards of public service conduct and integrity. It defines public service in broad terms and sets out a framework to ensure the effective governance of the whole of the public sector in Victoria. It also establishes the state services authority and creates the role of the public sector standards commissioner to oversee and implement its aims and objectives. These bodies replace the roles of the public employment minister and commissioner for public employment created by the 1998 Act.

References

• Uplink Productions: Public Sector Management and Employment Act 1998
• Mallesons Stephen Jaques: Victorian Public Sector Employment Reforms
• "Public Sector Employment in the Twenty-First Century"; Peter Gahan; 2007
• Victorian Legislation and Parliamentary Acts: Public Administration Act 2004
• Victoria State Services Authority: Factsheet About the Public Administration Act 2004

Resources

• Victoria State Services Authority: Public Sector Standards Commissioner
• Victoria State Services Authority