Western Australia: Public Sector Management Act 1994 (WA)

Western Australia Public Sector Management Act 1994 Western Australia Public Sector Management Act 1994 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 4. Persons deemed to be CEOs or chief employees 1 5. Term used: employing authority 1 6. Crown bound; application of Industrial Relations Act 1979 1 Part 2 — Public Sector principles 7. Public administration and management principles 1 8. Human resource management principles 1 9. Principles of conduct by public sector bodies etc. 1 Part 3A — Public Sector Commissioner Division 1 — Public Sector Commissioner 16. Office of Public Sector Commissioner 1 17. Appointment etc. of Commissioner 1 18. Vacation of, or suspension from, office of Commissioner 1 19. Remuneration etc. of Commissioner 1 20. Miscellaneous provisions as to superannuation and leave of absence 1 Division 2 — Functions of Commissioner 21A. General functions 1 21. Public sector standards, codes of ethics and codes of conduct, establishing etc. 1 22A. Commissioner's instructions 1 22B. Disposition of employees and offices 1 22C. Reports to Ministers 1 22D. Annual report 1 22E. Other reports 1 22F. Reports under s. 22D or 22E must be laid before Parliament 1 22G. Powers 1 22. Commissioner to act independently 1 23. Delegation by Commissioner 1 Division 3 — Reviews, special inquiries and investigations Subdivision 1 — Reviews 24A. Terms used 1 24B. Reviews of operations etc. of public sector bodies 1 24C. Commissioner may authorise people to perform functions 1 24D. Powers of Commissioner etc. for purposes of reviews 1 24E. Consultation required before exercising powers in s. 24D 1 24F. Privileges of employees in relation to s. 24D powers 1 24G. Report on review 1 Subdivision 2 — Special inquiries 24H. Special inquiries, purpose and arrangement of 1 24I. Powers of person conducting special inquiry 1 24J. Procedure and evidence at special inquiries 1 24K. Reports on special inquiries 1 Subdivision 3 — Investigations 24. Commissioner's powers of investigation 1 Division 4 — Acting appointments 28. Acting Commissioner appointed by Governor 1 29A. Acting Commissioner appointed by Commissioner 1 29B. Matters relevant to all acting appointments 1 Part 3B — Chief executive officers and chief employees 29. Functions of CEOs and chief employees 1 30. Duties of CEOs and chief employees when performing functions 1 31. Extent of compliance with public sector standards etc. to be reported 1 32. CEOs and chief employees to comply with directions etc. of responsible authority 1 33. Delegation by CEO or chief employee 1 Part 3 — Public Service Division 1 — General 34. Constitution of Public Service 1 35. Departments, establishment etc. of 1 36. Organisational powers of employing authorities of departments etc. 1 37. Right of appeal as to remuneration of employees of organisations that become part of Public Service 1 38. Determinations of offices in Special Division for Salaries and Allowances Act 1975 s. 6(1)(d) 1 39. Retirement of public service officers on grounds of ill health 1 40. Service of notices etc. when address of public service officer unknown 1 41. Public service officers appointed by Governor, exercise of powers as to 1 Division 2 — Senior Executive Service 42. Purposes of Senior Executive Service 1 43. Constitution of Senior Executive Service 1 44. Agencies each to have CEO or chief employee 1 45. CEOs, appointment of 1 46. CEOs, reappointment of on expiry of contract 1 47. CEOs, performance agreements etc. of 1 49. CEOs, removal of from office 1 50. CEOs, transfer of 1 51. Acting CEOs 1 52. Employment etc. of CEOs cannot be litigated etc. 1 53. Senior executive officers, appointment of 1 54. Senior executive officers, transfer of 1 55. Senior executive officers, performance assessments of 1 56. Executive officers, contracts of employment of 1 57. Contracts of employment of executive officers, content of 1 58. Right of return for certain executive officers 1 59. Compensation etc. if executive officer has no right of return 1 60. Election to take compensation instead of right of return 1 61. Executive officers, secondment of 1 62. When executive officer ceases to be in Senior Executive Service 1 63. Vacation of office of executive officer 1 Division 3 — Public service officers other than executive officers 64. Appointing officers 1 65. Transferring officers within and between departments etc. 1 66. Seconding officers from departments or organisations 1 67. Vacation of offices 1 Part 4 — Assistance for political office holders Division 1 — Ministerial officers 68. Employing ministerial officers 1 69. Functions of ministerial officers 1 70. Terms and conditions of employment 1 71. Varying contract of employment 1 72. Termination of employment 1 73. Restriction on subsequent employment in departments etc. 1 74. Relationship between ministerial officers etc. and employees of departments etc. 1 Division 2 — Assistance by permanent officers and seconded employees 75. Special offices to assist Ministers etc. 1 Part 5 — Substandard performance and disciplinary matters Division 1 — General 75A. Term used: lawful redeployment direction 1 76. Application and effect of Part 5 1 77. Employees appointed by Governor, exercise of powers as to 1 78. Certain decisions and findings are industrial matters for purposes of Industrial Relations Act 1979 1 Division 2 — Substandard performance 79. Substandard performance, definition of and powers as to 1 Division 3 — Disciplinary matters 80A. Terms used 1 80. Breaches of discipline, defined 1 81. Suspected breach of discipline, employing authority's options as to 1 82A. Disciplinary matters, dealing with 1 82. Suspending employee pending decision on breach of discipline or criminal charge 1 87. Special disciplinary inquiries 1 88. Report of special disciplinary inquiry, consequences of 1 89. Dismissal of CEO for breach of discipline 1 90. Employing authority to notify employee of outcome of disciplinary matter 1 91. Fines, payment and recovery of 1 92. Employee convicted of serious offence, powers as to 1 93A. Disciplinary action etc., when it can be taken 1 Part 6 — Redeployment and redundancy of employees 93. Functions of some employing authorities under s. 94 regulations, performance of 1 94. Regulations concerning redeployment and redundancy 1 95A. Termination of employment of registered employees 1 95B. Inconsistent provisions, instruments and contracts 1 95. Jurisdiction of Industrial Commission in relation to section 94 decision 1 96A. Jurisdiction of Industrial Commission in relation to section 95A decision 1 96B. Review of this Part 1 Part 7 — Procedures for seeking relief in respect of breach of public sector standards 96. Application of Part 7 1 97. Commissioner's functions under Part 7 1 98. Regulations as to procedure for seeking relief etc. 1 Part 8 — Miscellaneous 100. Engaging people by contracts for services and casual employees, powers for 1 101. Restriction on compensation for early termination of employment 1 102. Employees not to be employed outside Government etc. without permission 1 103. Unsuccessful electoral candidates, reappointment of 1 104. Time between resignation and reappointment not to count as service 1 105. Members of Parliament etc. not to contact employing authorities etc. about some appointments 1 106. Protection from personal liability 1 107. Vacancy etc. in office etc., directing people to act in case of 1 108A. Delegation by Minister 1 108. Regulations 1 Part 9 — Repeal and transitional provisions Division 1 — Public Service Act 1978 repeal and transitional provisions 110. Public Service Act 1978 repealed; transitional (Sch. 5) 1 111. Transitional provisions related to Part 4 (Sch. 6) 1 112. Certain words etc. in written laws etc. taken to be amended 1 Division 2 — Public Sector Reform Act 2010 Part 2 amendments: transitional provisions 113. Transitional provisions (Sch. 7) 1 Division 3 — Public Sector Reform Act 2010 Part 3 amendments: transitional provisions 114. Transitional provisions (Sch. 8) 1 Schedule 1 — Entities which are not organisations Schedule 2 — Entities which are SES organisations Schedule 3 — Provisions applicable to and in relation to special inquirers 1. Power to summon witnesses and documents 1 2. Duty of witnesses to continue in attendance 1 3. Power to examine on oath or affirmation 1 4. Penalties for non‑attendance, non‑production of documents etc. 1 5. Hindering or misleading special inquirers 1 6. Protection to special inquirers and witnesses 1 Schedule 4 — Form of declaration Schedule 5 — General transitional provisions 1. Interpretation 1 2. Public service notices under repealed Act, effect of 1 3. Public Service Commissioner and Assistant Public Service Commissioner, entitlements 1 4. General savings 1 5. Administrative instructions under repealed Act s. 19, effect of 1 6. Departments and sub‑departments under repealed Act 1 7. Absorbed personnel (repealed Act s. 25) 1 8. Proceedings under repealed Act s. 26 1 9. Appointments etc. under repealed Act s. 30 1 10. Appointments under repealed Act s. 30A 1 12. Temporary officers; applications under repealed Act s. 32 1 13. Senior Executive Service (repealed Act s. 35) 1 14. Senior officers (repealed Act s. 39) 1 15. Proceedings on charges (repealed Act Part IV) 1 16. Long service leave and recreation leave 1 17. Intergovernmental arrangements (repealed Act s. 59A) 1 18. Regulations 1 19. Employment of public service officers other than executive officers 1 20. Public Service Award 1992, interpretation of 1 21. Interpretation Act 1984 not affected 1 Schedule 6 — Transitional provisions relating to ministerial staff 1. Ministerial staff 1 2. Remuneration and terms and conditions of ministerial staff 1 3. Restriction on subsequent employment in departments or organisations 1 4. Interpretation Act 1984 not affected 1 Schedule 7 — Public Sector Reform Act 2010 Part 2 amendments: transitional provisions 1. Terms used 1 2. Incumbent CEO remains in office as Public Sector Commissioner 1 3. Commissioner for Public Sector Standards, entitlement of 1 4. Approved procedures and other instruments 1 5. Reviews, special inquiries and investigations 1 6. Special offices 1 7. Provisions affecting employment of CEOs 1 8. Continuing effect of things done under s. 97 1 9. Directions under s. 107 1 10. General savings as to acts of Commissioner 1 11. Power to amend subsidiary legislation 1 12. Transitional regulations 1 13. Interpretation Act 1984 not affected 1 Schedule 8 — Public Sector Reform Act 2010 Part 3 amendments: transitional provisions 1. Term used: commencement day 1 2. Disciplinary proceedings under Part 5 Div. 3 1 3. Suspensions under s. 82 1 4. Appeals under s. 78 1 5. Power to amend subsidiary legislation 1 6. Transitional regulations 1 7. Interpretation Act 1984 not affected 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Public Sector Management Act 1994 An Act to provide for the administration of the Public Sector of Western Australia and the management of the Public Service and of other public sector employment; to repeal the Public Service Act 1978; and to provide for related matters. Part 1 — Preliminary 1. Short title This Act may be cited as the Public Sector Management Act 1994. 2. Commencement The provisions of this Act come into operation on such day as is, or days as are respectively, fixed by proclamation. 3. Terms used (1) In this Act, unless the contrary intention appears — agency means — (a) a department; or (b) a SES organisation; appoint includes promote; breach of discipline means a breach of discipline referred to in section 80; chief employee means — (a) a chief employee of a non‑SES organisation; or (b) a chief employee of an agency who is not a member of the Senior Executive Service; or (c) a person deemed to be a chief employee under regulations referred to in section 4; chief executive officer means — (a) a person holding office under Division 2 of Part 3 as the chief executive officer of an agency; or (b) a person deemed to be a chief executive officer under regulations referred to in section 4; classification system means a system relating either to an office, post or position or to an employee that provides a basis for the remuneration of employees by identifying the level which correctly reflects the functions and responsibilities of the office, post or position or of the employee; code of conduct means a code of conduct developed under section 21(1); code of ethics means a code of ethics referred to in section 21(1) and established under the Commissioner's instructions; Commissioner means the person holding the office of Public Sector Commissioner established by section 16(1); Commissioner's instructions means instructions issued under section 22A; compensation, in relation to an employee, does not include any payment made — (a) under section 56(5)(b) or 72(2)(b); or (b) in lieu of notice under regulations referred to in section 94 in respect of an employee who is made redundant; or (c) in lieu of an accrued or accruing entitlement to leave; department means a department established under section 35; disciplinary action has the meaning given in section 80A; document includes a tape, disc or other device or medium on which information is recorded or stored electronically, mechanically, photographically or otherwise; employee means a person employed in the Public Sector by or under an employing authority; employing authority has the meaning given by section 5; executive officer means a chief executive officer or senior executive officer; function has the meaning given by section 5 of the Interpretation Act 1984; improvement action means any one or more of the following actions by an employing authority in respect of an employee for the purpose of improving the performance or conduct of the employee — (a) counselling; (b) training and development; (c) issuing a warning to the employee that certain conduct is unacceptable or that the employee's performance is not satisfactory; (d) any other action of a similar nature; Industrial Commission has the meaning given to Commission by the Industrial Relations Act 1979; Minister means the Minister to whom the administration of this Act is for the time being committed by the Governor; ministerial office means one or more ministerial officers appointed to assist a particular political office holder; ministerial officer means a person appointed under section 68 as a ministerial officer; non‑SES organisation means an entity which consists of — (a) a body, whether corporate or unincorporate, or the holder of an office, post or position, being a body or office, post or position that is established or continued for a public purpose under a written law; and (b) persons employed by or for the purposes of that body or holder under that written law or another written law, and which neither is nor includes — (c) an SES organisation; or (d) an entity specified in column 2 of Schedule 1; organisation means a non‑SES organisation or SES organisation; performance agreement means an agreement referred to in section 47(1) or clause 13(5) of Schedule 5; permanent officer means a person appointed under section 64(1)(a) for an indefinite period; political office holder means — (a) a Minister; or (b) the Parliamentary Secretary of the Cabinet; or (c) a Parliamentary Secretary holding office under section 44A of the Constitution Acts Amendment Act 1899; or (d) the Government Whip; or (e) the Leader of the Opposition in the Legislative Council; or (f) the Leader of the Opposition in the Legislative Assembly; or (g) a person, if any, who, not being a Minister, is the leader of a party in the Legislative Assembly of at least 5 members, other than a party led by the Premier or by the Leader of the Opposition referred to in paragraph (f); Public Sector means all — (a) the agencies; and (b) the ministerial offices; and (c) the non‑SES organisations; public sector body means an agency, ministerial office or non‑SES organisation; public sector notice means a notice issued by or under the authority of the Commissioner for the purposes of this Act that is published as a public sector notice in accordance with the Commissioner's instructions; public sector standard means a public sector standard referred to in section 21(1) and established under the Commissioner's instructions; Public Service means the Public Service as constituted under section 34; public service officer means an executive officer, permanent officer or term officer employed in the Public Service under Part 3; remuneration has the meaning given by the Salaries and Allowances Act 1975; repealed Act means the Public Service Act 1978; responsible authority, in relation to a department or organisation, means — (a) a board, committee or other body for the time being administering the department or organisation; or (b) if there is no board, committee or other body referred to in paragraph (a), the Minister responsible for the department or organisation, or, when used otherwise than in relation to a department or organisation, means a responsible authority of any department or organisation; senior executive officer means a member of the Senior Executive Service other than a chief executive officer; Senior Executive Service means the Senior Executive Service as constituted under section 43; SES organisation means an entity which consists of — (a) a body, whether corporate or unincorporate, or the holder of an office, post or position, being a body or office, post or position — (i) established or continued for a public purpose under a written law; and (ii) specified in column 2 of Schedule 2; and (b) persons employed by or for the purposes of that body or holder under that written law or another written law; special disciplinary inquiry means a special disciplinary inquiry held under section 87; special inquirer means a person or persons appointed under section 24H to carry out a special inquiry; special inquiry means a special inquiry held under section 24H; substandard performance means performance which is substandard within the meaning of section 79; term officer means a person appointed under section 64(1)(b) for a term not exceeding 5 years; this Act includes subsidiary legislation in force under this Act. [(2) deleted] (3) For the purposes of the definition of responsible authority in subsection (1), a department — (a) which is established to support an organisation; and (b) which is not prescribed as an independent department for the purposes of this subsection, is to be taken to be a part of the organisation referred to in paragraph (a). (4) A reference in this Act to the Minister responsible for a public sector body of a particular kind is a reference to the Minister to whom the administration of the public sector body of that kind is for the time being committed by the Governor. (5) A reference in this Act — (a) to a person being employed by an employing authority; or (b) in relation to a person, to an employing authority as being his or her employing authority, shall, if the person was appointed under this Act for and on behalf of the State, be construed as a reference to the person being so employed for and on behalf of the State or as a reference, in relation to the person, to the employing authority as being his or her employing authority for and on behalf of the State, as the case requires. [Section 3 amended: No. 39 of 2010 s. 4, 68, 70 and 92.] 4. Persons deemed to be CEOs or chief employees (1) The Commissioner is deemed to be the chief executive officer of the department principally assisting in the administration of this Act. (2) The Auditor General is deemed to be the chief executive officer of the department known as the Office of the Auditor General. (3) The Commissioner of Police is deemed to be the chief executive officer of the department known as the Police Department 1. (4) The Electoral Commissioner is deemed to be the chief executive officer of the department known as the Western Australian Electoral Commission. (5) Regulations made under section 108 may provide that the holder of such office, post or position under a written law as is specified by them is deemed to be the chief executive officer or chief employee of such department or organisation as is so specified. (6) Despite this section, Parts 3, 5 and 6 do not apply to or in relation to a person who is the Commissioner, the Auditor General, the Commissioner of Police or the Electoral Commissioner or the holder of an office, post or position deemed under regulations referred to in subsection (5) to be a chief executive officer or chief employee, except insofar as those Parts confer powers or impose duties on chief executive officers or chief employees, as the case requires, in their capacity as employing authorities. [Section 4 amended: No. 39 of 2010 s. 5.] 5. Term used: employing authority (1) For the purposes of this Act, but subject to this section — employing authority means, in relation to — (a) a chief executive officer (other than a chief executive officer referred to in section 4), the Commissioner; or (b) a chief employee (other than a chief employee referred to in section 4), the person or board, committee or other body specified by a written law as being the employer of the chief employee; or (c) a department or organisation or an employee (other than a chief executive officer or chief employee) employed in a department or organisation — (i) subject to subparagraph (iii), if a chief executive officer or chief employee is the accountable authority of the department or organisation, the chief executive officer or chief employee; or (ii) subject to subparagraph (iii), if a board, committee or other body established under a written law is the accountable authority of the department or organisation, that board, committee or other body; or (iii) if a written law confers on a person or board, committee or other body the power to appoint or employ staff, the person or board, committee or other body; or (d) a ministerial office or a ministerial officer, the Minister, or, when used otherwise than in relation to a public sector body or a chief executive officer, chief employee, employee or ministerial officer, means employing authority of any public sector body, chief executive officer, chief employee, employee or ministerial officer. (2) For the purposes of this section — (a) a department — (i) which is established to support an organisation (other than an organisation which is a Minister); and (ii) which is not prescribed as an independent department for the purposes of this paragraph, is to be taken to be a part of the organisation referred to in subparagraph (i); and (b) accountable authority has the meaning given by section 3 of the Financial Management Act 2006. (3) Despite anything in paragraph (c) of the definition of employing authority in subsection (1), regulations made under section 108 may provide that the holder of an office, post or position, or a board, committee or other body, created or established under a written law is the employing authority of a department or organisation or of an employee (other than a chief executive officer) employed in a department or organisation. [Section 5 amended: No. 77 of 2006 s. 6 and 7; No. 39 of 2010 s. 6, 68 and 70.] 6. Crown bound; application of Industrial Relations Act 1979 (1) This Act binds the Crown in right of the State. (2) Except to the extent to which a provision of this Act specifies otherwise, the Industrial Relations Act 1979 applies to and in relation to matters dealt with by this Act. Part 2 — Public Sector principles [Heading inserted: No. 39 of 2010 s. 7.] [Division 1 heading deleted: No. 39 of 2010 s. 8.] 7. Public administration and management principles The principles of public administration and management to be observed in and in relation to the Public Sector are that — (a) the Public Sector is to be administered in a manner which emphasises the importance of service to the community; and (b) the Public Sector is to be so structured and organised as to achieve and maintain operational responsiveness and flexibility, thus enabling it to adapt quickly and effectively to changes in government policies and priorities; and (c) public sector bodies are to be so structured and administered as to enable decisions to be made, and action taken, without excessive formality and with a minimum of delay; and (d) administrative responsibilities are to be clearly defined and authority is to be delegated sufficiently to ensure that those to whom responsibilities are assigned have adequate authority to deal expeditiously with questions that arise in the course of discharging those responsibilities; and (e) public sector bodies should have as their goal a continued improvement in the efficiency and effectiveness of their performance and should be administered with that goal always in view; and (f) resources are to be deployed so as to ensure their most efficient and effective use; and (g) proper standards of financial management and accounting are to be maintained at all times; and (h) proper standards are to be maintained at all times in the creation, management, maintenance and retention of records. 8. Human resource management principles (1) The principles of human resource management that are to be observed in and in relation to the Public Sector are that — (a) all selection processes are to be directed towards, and based on, a proper assessment of merit and equity; and (b) no power with regard to human resource management is to be exercised on the basis of nepotism or patronage; and (c) employees are to be treated fairly and consistently and are not to be subjected to arbitrary or capricious administrative acts; and (d) there is to be no unlawful discrimination against employees or persons seeking employment in the Public Sector on a ground referred to in the Equal Opportunity Act 1984 or any other ground; and (e) employees are to be provided with safe and healthy working conditions in accordance with the Work Health and Safety Act 2020. (2) In matters relating to — (a) the selection, appointment, transfer, secondment, classification, remuneration, redeployment, redundancy or termination of employment of an individual employee; or (b) the classification of a particular office, post or position, in its department or organisation, an employing authority is not subject to any direction given, whether under any written law or otherwise, by the Minister responsible for the department or organisation, but shall, subject to this Act, act independently. (3) For the purposes of this Act a proper assessment of merit in a selection process must be carried out in accordance with the relevant Commissioner's instructions and does not always require a competitive assessment of merit. [Section 8 amended: No. 30 of 1995 s. 48; No. 39 of 2010 s. 9, 68 and 70; No. 36 of 2020 s. 366.] 9. Principles of conduct by public sector bodies etc. The principles of conduct that are to be observed by all public sector bodies and employees are that they — (a) are to comply with the provisions of — (i) this Act and any other Act governing their conduct; and (ii) the Commissioner's instructions, public sector standards and codes of ethics; and (iii) any code of conduct applicable to the public sector body or employee concerned; and (b) are to act with integrity in the performance of official duties and are to be scrupulous in the use of official information, equipment and facilities; and (c) are to exercise proper courtesy, consideration and sensitivity in their dealings with members of the public and employees. [Section 9 amended: No. 39 of 2010 s. 10 and 70.] [Division 2 (s. 10‑15) deleted: No. 39 of 2010 s. 11.] [Division 3 heading deleted: No. 39 of 2010 s. 11.] Part 3A — Public Sector Commissioner [Heading inserted: No. 39 of 2010 s. 12.] Division 1 — Public Sector Commissioner [Heading inserted: No. 39 of 2010 s. 12.] 16. Office of Public Sector Commissioner (1) An office of Public Sector Commissioner is established. (2) The office of Public Sector Commissioner is not an office in the Public Service. [Section 16 inserted: No. 39 of 2010 s. 13.] 17. Appointment etc. of Commissioner (1) The Commissioner shall be appointed by the Governor on the recommendation of the Minister, and shall hold office in accordance with this Division. (2) Before making a recommendation under subsection (1), the Minister shall consult the parliamentary leader of each party in the Parliament. (3) Subject to this Division, a person appointed as the Commissioner shall hold office for a term of 5 years, and is eligible for reappointment. (4) Before performing the functions of Commissioner for the first time, the Commissioner must make a declaration before the Governor in the form in Schedule 4. [Section 17 amended: No. 39 of 2010 s. 14.] 18. Vacation of, or suspension from, office of Commissioner (1) The Commissioner may at any time, by written notice addressed to the Governor, resign from office, and, on receipt of that resignation by the Governor, the Commissioner vacates office as Commissioner. (2) The Commissioner, if he or she is nominated for election for the Parliament of the Commonwealth, or of any State or Territory, vacates office as Commissioner. (3) The Commissioner may, at any time, be removed or suspended from office by the Governor on addresses from both Houses of Parliament. (4) Notwithstanding subsection (3), if the Governor is satisfied that the Commissioner — (a) is incapable of properly performing the functions of his or her office; or (b) has shown himself or herself incompetent properly to perform, or has neglected to perform, the functions of his or her office; or (c) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or (d) has been guilty of misconduct, the Governor may suspend him or her from office. (5) When the Commissioner has been suspended from office under subsection (4), the Commissioner shall be restored to office unless — (a) a statement of the grounds of that suspension is laid before each House of Parliament during the first 7 sitting days of that House following that suspension; and (b) each House of Parliament, during the session in which the statement referred to in paragraph (a) is laid before it and within 30 sitting days of that statement being so laid, passes an address praying for the removal of the Commissioner from office. (6) The Commissioner shall not, except so far as he or she is authorised so to do by resolutions of both Houses of Parliament — (a) hold any office or place referred to in Part 1 or 2 of Schedule V to the Constitution Acts Amendment Act 1899 (other than the office of Commissioner) or be a member of any commission, council, board, committee, authority, trust or other body referred to in Part 3 of that Schedule; or (b) engage in any occupation for reward outside the functions of the office of Commissioner. (7) Without limiting the generality of subsection (4)(d), the Commissioner shall be regarded for the purposes of subsection (4)(d) as being guilty of misconduct if he or she contravenes subsection (6). [Section 18 amended: No. 18 of 2009 s. 71.] 19. Remuneration etc. of Commissioner (1) Subject to the Salaries and Allowances Act 1975, the Commissioner is entitled to be paid such remuneration as is determined by the Governor. (1a) Remuneration paid to the Commissioner under subsection (1) shall be charged to the Consolidated Account and this subsection appropriates the Consolidated Account accordingly. (2) The rate of remuneration of the Commissioner shall not be reduced during a term of office of the Commissioner without his or her consent. (3) Subject to this Division — (a) the Commissioner is entitled to such leave of absence as the Governor determines; and (b) the Governor may determine other terms and conditions of service, if any, that apply to the Commissioner. (4) Subject to any determination under subsection (3), the Commissioner is entitled to leave of absence and other conditions of service as applicable to public service officers. [Section 19 amended: No. 49 of 1996 s. 58; No. 77 of 2006 s. 4; No. 39 of 2010 s. 15.] 20. Miscellaneous provisions as to superannuation and leave of absence (1) If the Commissioner was a contributor within the meaning of the Superannuation and Family Benefits Act 1938 2 immediately before being appointed to be the Commissioner, he or she may continue to be a contributor under that Act after that appointment. [(2) deleted] (3) If a person held an office in a department or organisation immediately before being appointed to the office of Commissioner, the person retains existing and accruing entitlements in respect of leave of absence as if service in the office of Commissioner were a continuation of service in the department or organisation. (4) If — (a) a person immediately before appointment as Commissioner occupied an office, post or position in a department or organisation; and (b) the person's term of office as Commissioner expires by effluxion of time and the person is not reappointed to the office; and (c) but for the appointment as Commissioner, the person would still be entitled to hold the office, post or position referred to in paragraph (a), the person is entitled to be appointed to an office, post or position in a department or organisation of at least the equivalent level of classification as the office, post or position that the person occupied immediately before appointment as Commissioner. [(5) deleted] (6) A person who ceases to hold the office of Commissioner and is employed in a department or organisation retains existing and accruing entitlements in respect of leave of absence as if service in the department or organisation were a continuation of service in that office. [Section 20 amended: No. 57 of 1997 s. 99(1); No. 39 of 2010 s. 16.] Division 2 — Functions of Commissioner [Heading inserted: No. 39 of 2010 s. 17.] 21A. General functions The functions of the Commissioner include the following — (a) to promote the overall efficiency and effectiveness of the Public Sector, having regard to the principles set out in section 7; (b) to advise Ministers, chief executive officers and chief employees of changes, improvements and management practices which, in the opinion of the Commissioner, should be implemented in order to improve the efficiency and effectiveness of the whole or any part of the Public Sector; (c) to plan for the future management and operation of the Public Sector; (d) to perform other functions that are conferred on the Commissioner under this Act or any other Act. [Section 21A inserted: No. 39 of 2010 s. 18.] 21. Public sector standards, codes of ethics and codes of conduct, establishing etc. (1) The functions of the Commissioner are, having regard to the principles set out in sections 7, 8 and 9 — (a) to issue Commissioner's instructions establishing public sector standards setting out minimum standards of merit, equity and probity to be complied with in the Public Sector in — (i) the recruitment, selection, appointment, transfer, secondment, performance management, redeployment, discipline and termination of employment of employees; and (ii) such other human resource management activities relating to employees as are prescribed, and monitor compliance with those public sector standards; and (b) to issue Commissioner's instructions establishing codes of ethics setting out minimum standards of conduct and integrity to be complied with by public sector bodies and employees, and monitor compliance with those codes; and (c) to assist public sector bodies to develop, amend or repeal codes of conduct — (i) setting out minimum standards of conduct and integrity to be complied with by themselves and their employees; and (ii) consistent with codes of ethics established under paragraph (b), and monitor compliance with those codes; and (d) to assist public sector bodies and employees to comply with public sector standards, codes of ethics and codes of conduct established or developed, as the case requires, under this subsection; and (e) to monitor compliance by public sector bodies and employees with the principles set out in sections 8(1)(a), (b) and (c) and 9; and (f) subject to regulations referred to in section 98, to establish procedures of the kind referred to in section 97(1)(a). (2) The Commissioner may amend or repeal any public sector standard or code of ethics. (3) In establishing, amending or repealing any public sector standards, the Commissioner shall take into account the impact which those public sector standards may have on the efficiency and effectiveness of the Public Sector, and shall endeavour to minimise any adverse impact. [(4) deleted] (5) Each public sector standard and code of ethics shall be published in the Gazette. (6) A public sector standard or code of ethics comes into operation on the day on which it is published in the Gazette or on such later day as is specified in the public sector standard or code of ethics. (7) Section 42 of the Interpretation Act 1984 applies to and in relation to a public sector standard or code of ethics as if it were regulations within the meaning of that section. (8) Subsections (5) to (7) also apply to an amendment or repeal of a public sector standard or code of ethics. (9A) The Commissioner may by order published in the Gazette exempt the whole or any part of any public sector body from compliance with the whole or any part of a public sector standard or code of ethics. (9B) The Commissioner may by order published in the Gazette repeal or amend an order made under subsection (9A). (9) Subject to subsection (10), a public sector standard or code of ethics has in relation to other Acts and subsidiary legislation made under them the force of law as if enacted as part of this Act, but may be amended or repealed by regulations made under section 108. (10) Nothing in subsection (9) prevents a court from inquiring into, and deciding, whether or not a public sector standard or code of ethics or any of its provisions — (a) has been validly established; or (b) is inconsistent with a provision of this Act; or (c) is unrelated to the power conferred by this Act to establish public sector standards or codes of ethics, as the case requires, as if the public sector standard or code of ethics or that provision were regulations within the meaning of the Interpretation Act 1984. (11) To the extent that — (a) a public sector standard is inconsistent with a code of ethics, a code of conduct or another Commissioner's instruction, the public sector standard prevails; or (b) a code of ethics is inconsistent with a code of conduct or another Commissioner's instruction (other than a Commissioner's instruction establishing a public sector standard), the code of ethics prevails. [Section 21 amended: No. 39 of 2010 s. 19 and 70.] 22A. Commissioner's instructions (1) The Commissioner may issue written instructions concerning the following — (a) the management and administration of public sector bodies; (b) the management and administration of the Senior Executive Service; (c) human resource management, including the disposition of employees and offices under section 22B; (d) official conduct; (e) the taking of improvement action; (f) dealing with suspected breaches of discipline, disciplinary matters and the taking of disciplinary action, under Part 5 Division 3; (ga) dealing with — (i) redeployment and redundancy of employees; and (ii) termination of employment; (g) any other matter in respect of which Commissioner's instructions are required or permitted under this Act; (h) any other matter in connection with the functions of the Commissioner in respect of which the Commissioner considers it is necessary or desirable to issue instructions. (2A) The Commissioner must issue instructions to ensure that, if a decision is made under section 81(1)(a) in respect of an employee, the employee is — (a) notified in writing of the possible breach of discipline; and (b) given a reasonable opportunity to respond. (2) The Commissioner's instructions must not be inconsistent with this Act and must have regard to the principles set out in sections 7, 8 and 9. (3) The Commissioner's instructions may apply — (a) generally; or (b) to a public sector body or class of public sector body specified in the instructions; or (c) to an office or class of office specified in the instructions; or (d) to an employee or class of employees specified in the instructions. (4) Except as provided in section 21, the Commissioner's instructions need not be published in the Gazette but must be made publicly available in such manner as the Commissioner thinks appropriate. (5) The Commissioner may amend or revoke the Commissioner's instructions. (6) The Commissioner must, before issuing, amending or revoking a Commissioner's instruction, consult such persons as the Commissioner considers it desirable and practicable to consult. (7) The Commissioner's instructions are not subsidiary legislation for the purposes of the Interpretation Act 1984. [Section 22A inserted: No. 39 of 2010 s. 20; amended: No. 39 of 2010 s. 93; No. 8 of 2014 s. 9.] 22B. Disposition of employees and offices When departments or organisations are established in place of existing departments or organisations or by the amalgamation or division of existing departments or organisations, the Commissioner may effect the disposition of offices, posts and positions and employees and such other consequential changes as appear necessary to give effect to the change in departments or organisations. [Section 22B inserted: No. 39 of 2010 s. 20.] 22C. Reports to Ministers The Commissioner may report from time to time to the Minister responsible for a public sector body on the compliance or non‑compliance by the public sector body and employees in the public sector body with — (a) the principles set out in sections 8(1)(a), (b) and (c) and 9; and (b) public sector standards, codes of ethics and codes of conduct. [Section 22C inserted: No. 39 of 2010 s. 20.] 22D. Annual report (1) The Commissioner must in each year prepare a report on the following — (a) the state of administration and management of the Public Sector; (b) the compliance or non‑compliance by public sector bodies and employees, either generally or in particular, with the principles set out in sections 8(1)(a), (b) and (c) and 9 and with public sector standards, codes of ethics and codes of conduct; (c) any other matters arising out of the performance of the Commissioner's functions that are, in the opinion of the Commissioner, of such significance as to require reporting in that manner. (2) A report required under subsection (1) may be prepared and dealt with in conjunction with any report required under the Financial Management Act 2006 by the Commissioner in his or her capacity as the accountable authority of the department principally assisting in the administration of this Act. [Section 22D inserted: No. 39 of 2010 s. 20.] 22E. Other reports The Commissioner may, in addition to the annual report required under section 22D(1), at any time prepare a report on a matter referred to in section 22D(1). [Section 22E inserted: No. 39 of 2010 s. 20.] 22F. Reports under s. 22D or 22E must be laid before Parliament (1) Within 14 days after signing a report prepared under section 22D or 22E, the Commissioner is to transmit a copy of the report to each House of Parliament. (2) If — (a) when the Commissioner is ready to transmit a report under subsection (1), a House of Parliament is not sitting; and (b) the Commissioner is of the opinion that that House will not sit during the remainder of the period referred to in subsection (1), the Commissioner must transmit a copy of the report to the Clerk of that House. (3) Subsections (1) and (2) do not apply in relation to a report prepared under section 22D if the report is prepared and dealt with as provided for in section 22D(2). (4) A copy of a report transmitted to the Clerk of a House of Parliament under subsection (2) is taken to have been laid before the House. (5) The laying of a copy of a report before a House that is taken to have occurred under subsection (4) is to be reported to the House by the Clerk, and recorded in the Votes and Proceedings or Minutes of Proceedings, on the first sitting day of the House after the receipt of the copy. [Section 22F inserted: No. 39 of 2010 s. 20.] 22G. Powers The Commissioner has all the powers that are needed for the performance of the Commissioner's functions. [Section 22G inserted: No. 39 of 2010 s. 20.] 22. Commissioner to act independently (1) The Commissioner shall act independently in relation to the performance of his or her functions. (2) In particular, except as provided in this Act, the Commissioner is not subject to direction by the Minister or any other person in the performance of the Commissioner's functions. (3) Section 32 does not apply to or in relation to the Public Sector Commissioner. [Section 22 amended: No. 39 of 2010 s. 21.] 23. Delegation by Commissioner (1) The Commissioner may delegate to a person any power or duty of the Commissioner under another provision of this Act or any other Act. (2) A delegation under this section must be in writing and signed by the Commissioner. (3) A person to whom a power or duty is delegated under this section cannot delegate that power or duty. (4) A person exercising or performing a power or duty that has been delegated to the person under this section is taken to do so in accordance with the terms of the delegation unless the contrary is shown. (5) Nothing in this section limits the ability of the Commissioner to perform a function through an officer or agent. [Section 23 inserted: No. 39 of 2010 s. 22.] Division 3 — Reviews, special inquiries and investigations [Heading inserted: No. 39 of 2010 s. 23.] Subdivision 1 — Reviews [Heading inserted: No. 39 of 2010 s. 23.] 24A. Terms used In this Division — authorised person has the meaning given in section 24C; review means a review conducted under section 24B. [Section 24A inserted: No. 39 of 2010 s. 23.] 24B. Reviews of operations etc. of public sector bodies (1) The Commissioner may on his or her own initiative conduct a review in respect of part or all of the functions, management or operations of one or more public sector bodies. (2) The Minister may by written notice direct the Commissioner to conduct a review in respect of part or all of the functions, management or operations of one or more public sector bodies. (3) The text of a direction given under subsection (2) is to be included in the annual report prepared by the Commissioner under section 22D. (4) The Commissioner must comply with a direction given under subsection (2) unless, in the Commissioner's opinion, there are exceptional circumstances for not complying. (5) If the Commissioner refuses to comply with a direction given under subsection (2) the Commissioner must prepare written reasons for the failure to comply and cause the text of those reasons to be included in the annual report prepared by the Commissioner under section 22D. [Section 24B inserted: No. 39 of 2010 s. 23.] 24C. Commissioner may authorise people to perform functions The Commissioner may, by written notice, authorise a person (an authorised person) to perform functions under this Subdivision. [Section 24C inserted: No. 39 of 2010 s. 23.] 24D. Powers of Commissioner etc. for purposes of reviews (1) The Commissioner or an authorised person may for the purposes of a review — (a) enter the premises of a public sector body; (b) by written notice direct an employee to produce to him or her any document that is in the possession or under the control of the employee; (c) inspect any document produced to him or her and retain it for such reasonable period as he or she thinks fit, and make copies of it or any of its contents; (d) direct an employee to answer questions. (2) An employee who, without reasonable excuse, fails to comply with a direction under subsection (1)(b) within 14 days of receiving it commits an offence. Penalty: a fine of $10 000. (3) An employee who, without reasonable excuse, fails to comply with a direction under subsection (1)(d) commits an offence. Penalty: a fine of $10 000. [Section 24D inserted: No. 39 of 2010 s. 23; amended: No. 35 of 2014 s. 37(2) and (3).] 24E. Consultation required before exercising powers in s. 24D The powers conferred by section 24D are exercisable in relation to a public sector body only after consultation with — (a) the employing authority of the public sector body; and (b) the Minister — (i) who is responsible for the public sector body; or (ii) to whom the administration of the Act under which the public sector body is established or continued is committed. [Section 24E inserted: No. 39 of 2010 s. 23.] 24F. Privileges of employees in relation to s. 24D powers (1) Despite section 24D, an employee has the same privileges in relation to a requirement imposed under that section as a witness would have in proceedings in the Supreme Court. (2) Section 24D does not derogate from — (a) an enactment that imposes a prohibition or restriction on — (i) the availability of any information; or (ii) the production or examination of any document; or (b) a privilege or immunity existing by custom or convention and relating to the production of documents or other information of previous Governments of the State. [Section 24F inserted: No. 39 of 2010 s. 23.] 24G. Report on review If a review was conducted on the direction of the Minister under section 24B(2), the Commissioner must provide the Minister with a written report on the conduct and findings of the review. [Section 24G inserted: No. 39 of 2010 s. 23.] Subdivision 2 — Special inquiries [Heading inserted: No. 39 of 2010 s. 23.] 24H. Special inquiries, purpose and arrangement of (1) The Commissioner may on his or her own initiative — (a) arrange for the holding of a special inquiry into a matter related to the Public Sector; and (b) appoint a person or persons to carry out the special inquiry. (2) The Minister may direct the Commissioner to arrange for the holding of a special inquiry into a matter related to the Public Sector. (3) A direction given under subsection (2) must specify the matter to be the subject of the special inquiry. (4) The text of a direction given under subsection (2) is to be included in the annual report prepared by the Commissioner under section 22D. (5) The Commissioner must — (a) comply with a direction given under subsection (2); and (b) appoint a person or persons to carry out the special inquiry, unless, in the Commissioner's opinion, there are exceptional circumstances for not complying. (6) If the Commissioner refuses to comply with a direction given under subsection (2) the Commissioner must prepare written reasons for the failure to comply and cause the text of those reasons to be included in the annual report prepared by the Commissioner under section 22D. [Section 24H inserted: No. 39 of 2010 s. 23.] 24I. Powers of person conducting special inquiry (1) A special inquirer or a person authorised in writing by a special inquirer may for the purposes of a special inquiry — (a) enter the premises of a public sector body; and (b) by written notice require a person to produce to him or her any document that is in the possession or under the control of the person; and (c) inspect any document produced to him or her and retain it for such reasonable period as he or she thinks fit, and make copies of it or any of its contents. (2) Schedule 3 applies to and in relation to a special inquirer. [Section 24I inserted: No. 39 of 2010 s. 23.] 24J. Procedure and evidence at special inquiries (1) An individual, public sector body or other body may be represented at a special inquiry by a legal practitioner or other agent. (2) A special inquirer must act independently in relation to the performance of his or her functions. (3) A special inquirer — (a) is not bound by the rules of evidence and may be informed as the special inquirer thinks fit; and (b) must act according to equity, good conscience and the substantial merits of the case and without regard to technicalities and legal forms. (4) To the extent that the practice or procedure of a special inquirer is not prescribed by or under this Act, it is to be as the special inquirer determines. (5) A special inquirer does not have power to make an award of costs. [Section 24J inserted: No. 39 of 2010 s. 23.] 24K. Reports on special inquiries (1) A special inquirer must — (a) within such period as the Commissioner requires, prepare a report on the conduct and findings, and any recommendations, of the special inquiry; and (b) immediately after preparing the report, provide the Commissioner with a copy of the report. (2) If a special inquiry was held on the direction of the Minister under section 24H(2), the Commissioner must provide the Minister with a copy of the report on the special inquiry provided to the Commissioner under subsection (1)(b). [Section 24K inserted: No. 39 of 2010 s. 23.] Subdivision 3 — Investigations [Heading inserted: No. 39 of 2010 s. 23.] 24. Commissioner's powers of investigation (1) The Commissioner may, for the purpose of performing his or her functions, investigate the activities of any public sector body and for that purpose the Commissioner, or a person authorised by the Commissioner in writing, has all the powers conferred on a special inquirer by this Act and the provisions of sections 24I and 24J and Schedule 3 apply to and in relation to — (a) the Commissioner or that person as if he or she were a special inquirer; and (b) that investigation as if it were a special inquiry. (2) A person authorised under subsection (1) must — (a) within such period as the Commissioner requires, prepare a report on the conduct and findings of, and any recommendations resulting from, an investigation by the person; and (b) immediately after preparing the report, provide the Commissioner with a copy of the report. [Section 24 amended: No. 39 of 2010 s. 24 and 69.] [25‑27. Deleted: No. 39 of 2010 s. 25.] Division 4 — Acting appointments [Heading inserted: No. 39 of 2010 s. 26.] 28. Acting Commissioner appointed by Governor (1) The Governor may, on the recommendation of the Minister, appoint a person to act in the office of Commissioner during a period when — (a) the Commissioner is on leave of absence, or otherwise unable to perform the functions of Commissioner, or is absent from the State; or (b) the Commissioner is suspended from that office under section 18(3) or (4); or (c) that office is vacant. (2) Before making a recommendation under subsection (1), the Minister shall consult the parliamentary leader of each party in the Parliament. (3) A person appointed to act under subsection (1) is, while that appointment subsists, to be known as the Acting Public Sector Commissioner. (4) An acting appointment subsists until — (a) the relevant leave of absence, inability, absence, suspension or vacancy ceases; or (b) the term of that appointment expires; or (c) the expiry of 12 months from the day of that appointment, whichever is soonest. (5) If an acting appointment ends under subsection (4)(b), it can be renewed under subsection (1) but not so as to extend beyond 12 months from the day of the original acting appointment. (6) If — (a) a person immediately before appointment as Acting Commissioner under this section occupied an office in a department or organisation; and (b) the person's period of office as Acting Commissioner ends and the person is not reappointed to the office; and (c) but for the appointment as Acting Commissioner, the person would still be entitled to hold the office referred to in paragraph (a), the person is entitled to be appointed to an office in a department or organisation of at least the equivalent level of classification as the office that the person occupied immediately before appointment as Acting Commissioner. (7) Sections 17(4), 18, 19 and 20(1), (3) and (6) apply to an Acting Commissioner appointed under this section. [Section 28 amended: No. 39 of 2010 s. 27.] 29A. Acting Commissioner appointed by Commissioner (1) If the Governor has not appointed a person under section 28, the Commissioner may appoint a person to act in the office of Commissioner in the circumstances referred to in section 28(1)(a). (2) A person must not be appointed under subsection (1) for more than 13 weeks in a 12 month period. (3) An appointment under this section — (a) may be terminated at any time by the Commissioner; and (b) may be expressed to have effect only in the circumstances specified in the instrument of appointment. (4) If the Commissioner appoints a person under subsection (1) and the Governor later appoints a person under section 28 whose term of appointment is to begin before the term of the Commissioner's appointee has ended, the appointment of the Commissioner's appointee ceases to have effect on and from the day on which the term of the Governor's appointee begins. (5) Sections 18(1) and (2), 19 and 20(1), (3) and (6) apply to an Acting Commissioner appointed under this section. [Section 29A inserted: No. 39 of 2010 s. 28.] 29B. Matters relevant to all acting appointments While an Acting Commissioner is acting in the office of Commissioner under section 28 or 29A — (a) the Acting Commissioner is to perform all the functions of the Commissioner and any act or thing done by the Acting Commissioner in that performance has the like effect as if it were done by the Commissioner; and (b) any act or thing that is required under a written law to be done to, by reference to or in relation to the Commissioner is taken to be effectually done if done to, by reference to or in relation to the Acting Commissioner; and (c) the Acting Commissioner has the same immunities and independence as the Commissioner. [Section 29B inserted: No. 39 of 2010 s. 28.] Part 3B — Chief executive officers and chief employees [Heading inserted: No. 39 of 2010 s. 29.] 29. Functions of CEOs and chief employees (1) Subject to this Act and to any other written law relating to his or her department or organisation, the functions of a chief executive officer or chief employee are to manage that department or organisation, and in particular — (a) to provide leadership, strategic direction and a focus on results for that department or organisation; and (b) to provide policy advice to the responsible authority of that department or organisation; and (c) to plan for and undertake financial, information and other management in relation to that department or organisation and to monitor the administrative and financial performance of that department or organisation; and (d) to ensure the appropriate deployment and redeployment of resources within that department or organisation; and (e) to ensure the proper organisation of that department or organisation, including the devising of organisational structures and arrangements; and (f) to ensure the appropriate division of responsibilities between, and the assignment of functions to, the employees employed in that department or organisation; and (g) to manage and direct employees employed in that department or organisation and, without limiting the generality of this paragraph, to be responsible for the recruitment, selection, appointment, deployment and termination of employment of those employees; and (h) to classify, and determine the remuneration of, employees in that department or organisation and their offices, posts or positions, and to vary any such classification or remuneration, in accordance with — (i) the requirements of any binding award, order or industrial agreement under the Industrial Relations Act 1979; and (ia) the requirements of an employer‑employee agreement under the Industrial Relations Act 1979 Part VID; and (ii) the relevant Commissioner's instructions, if any; and (i) to evaluate the performances of employees employed in that department or organisation; and (ja) where appropriate, to take improvement action in respect of employees employed in that department or organisation; and (j) subject to the Equal Opportunity Act 1984, to devise and implement initiatives to ensure that employees in that department or organisation have equal opportunities in relation to their employment in accordance with the principles of merit and equity; and (k) to establish and implement necessary management training programmes and staff training, education and development programmes; and (l) subject to Part 7 and the Industrial Relations Act 1979, to resolve or redress the grievances of employees in that department or organisation; and (m) subject to the Work Health and Safety Act 2020, to implement any health and safety standards and programmes adopted with respect to employment in the Public Sector; and (n) subject to the State Records Act 2000, to ensure that the department or organisation keeps proper records; and (o) to perform such other functions as are conferred or imposed on the chief executive officer or chief employee under this Act or any other Act. (2) A chief executive officer or chief employee has power to do all things that are necessary or convenient to be done for or in connection with the performance of his or her functions. [Section 29 amended: No. 30 of 1995 s. 48; No. 53 of 2000 s. 21; No. 20 of 2002 s. 25(2); Gazette 15 Aug 2003 p. 3690; No. 39 of 2010 s. 30 and 70; No. 8 of 2014 s. 10; No. 36 of 2020 s. 367; No. 43 of 2024 s. 148.] 30. Duties of CEOs and chief employees when performing functions In performing the functions of a chief executive officer or chief employee of a department or organisation, that chief executive officer or chief employee shall — (a) endeavour to attain performance objectives agreed with the responsible authority of the department or organisation; and (b) comply with the Commissioner's instructions, public sector standards, codes of ethics and any relevant code of conduct; and (c) comply with the principles set out in sections 7, 8 and 9; and (d) comply with any binding award, order or industrial agreement under the Industrial Relations Act 1979 or employer‑employee agreement under Part VID of the Industrial Relations Act 1979. [Section 30 amended: No. 20 of 2002 s. 25(3); No. 39 of 2010 s. 31 and 70; amended: Gazette 15 Aug 2003 p. 3690.] 31. Extent of compliance with public sector standards etc. to be reported (1) A chief executive officer or chief employee shall cause to be included in the annual report submitted by the accountable authority of the relevant department or organisation under Part 5 of the Financial Management Act 2006 a report, prepared in accordance with the relevant Commissioner's instructions, if any, on the extent to which public sector standards, codes of ethics and any relevant code of conduct have been complied with in relation to the relevant department or organisation. (2) The chief executive officer or chief employee of an organisation which is not a statutory authority within the meaning of the Financial Management Act 2006 shall, before 31 August in each year or such earlier date in that year as the Commissioner may determine by order published in the Gazette, cause to be prepared and submitted to the Commissioner a report, prepared in accordance with the relevant Commissioner's instructions, if any, on the extent to which public sector standards, codes of ethics and any relevant code of conduct have been complied with in relation to that organisation. (3) If the whole or any part of a department or organisation is exempted under section 21(9A) from compliance with the whole or any part of any public sector standard or code of ethics, subsections (1) and (2) do not apply to or in relation to any thing to which that exemption relates. (4) The Commissioner shall include in the annual report prepared by the Commissioner under section 22D each report submitted to him or her under subsection (2). [Section 31 amended: No. 5 of 2005 s. 43; No. 77 of 2006 Sch. 1 cl. 137; No. 39 of 2010 s. 32 and 69.] 32. CEOs and chief employees to comply with directions etc. of responsible authority (1) In performing his or her functions, a chief executive officer or chief employee shall, subject to — (a) section 8(2); and (b) any Commissioner's instruction, public sector standard or code of ethics; and (c) any other written law relating to his or her department or organisation, comply with any lawful directions or instructions given to him or her from time to time by the responsible authori