Office of the State Service Commissioner Tasmanian Government Logo
 

Legislation
State Service Act 2000
Legal Framework

Statutory Function
Commissioner's Directions
Review of Actions
Alleged Breach of the Code of Conduct

Alleged Inability

Promotion Without Advertising
Change of Employment Status from fixed-term to permanent
Publications
Annual Reports
Publications

Evaluations

Links
Related Sites
jobs.tas.gov.au
PSMO Website
Ministerial Directions
Ministerial Determinations

Forms
Notice of Intention to Lodge a Selection Review Form 1 (RTF)
Application for Review - Selection Review Form 2 (RTF)
Application for Review - State Service Action Form 3 (RTF)
Request for Discontinuation Form 4 (RTF)
Change of Employment Status - Agency Form 5 (RTF)
Change of Employment Status - Employee Form 6 (RTF)

The State Service Commissioner is an independent statutory officer, appointed by the Governor and reporting directly to the Tasmanian State Parliament. The powers and functions of the State Service Commissioner are set out in part 5 of the State Service Act 2000 (the Act).

The employment policy functions under the Act have been separated from the statutory functions of the Commissioner and delegated to the Secretary of the Department of Premier and Cabinet. These delegated functions are administered through the Public Sector Management Office.
A major focus of the Office has been the development and refinement of the statutory function to evaluate practices, procedures and standards in relation to the management of employment in the State Service. In this regard, significant progress has been made in relation to the development of the annual Agency Survey and biennial Employee Survey, both of which provide a valuable perspective on issues relevant to the Commissioner's statutory functions and underpin the evaluation role of the Office. Importantly, the results of these surveys are a major factor in determining areas to target for specific evaluation projects.

The inaugural Tasmanian State Service Employee Survey was conducted in 2005, with the second Employee Survey Report completed in December 2007. The third Employee Survey that was scheduled to be conducted in July/August 2009 has for the time being been deferred. Another major project undertaken by the Office was to evaluate Agencies Performance Management Systems, which was completed in 2006. The decision to evaluate performance management was prompted by the fact that two of the lowest scoring areas in the Employee Survey were associated with managing performance. Copies of all of the above mentioned reports are available on this website.

Other major evaluation projects undertaken in recent years have been the Agency internal grievance resolution systems in 2007 and the Agency Workplace Diversity Programs in 2008. Copies of both reports are available on this website.

Under section 50(1)(a) and (b) of the Act, an employee is entitled to make application to the Commissioner for a review of a selection decision or any other State Service action. The determination of these reviews continues to be a significant function of the Office and this site includes a comprehensive section on this subject for the assistance of both employees and Agency management. Included in the section is a copy of the Commissioner's Direction on reviews, various guidance notes and all appropriate forms.

All employees are encouraged to investigate this site further in the hope that it is helpful in providing relevant information about employee rights and responsibilities under the Act. Staff of the Office of the State Service Commissioner would be pleased to provide assistance in relation to the Commissioner's statutory functions and responsibilities, and employees are encouraged to contact the Office if they require further information.


The State Service Act 2000

The State Service Act 2000, which came into effect on 1 May 2001, gave Agencies more flexibility in organising work practices as well as encouraging modern management practices in the workplace. Principles and a Code of Conduct have been incorporated into the Act. The State Service Principles will ensure we have effectively managed workplaces, providing opportunities for employees based on equity and fairness, and delivering a high standard of services to the Government and Community. The Code of Conduct provisions reinforce and uphold the Principles by establishing standards of behaviour and conduct that apply to all employees, including Officers and Heads of Agencies. An important aspect of the State Service Commissioner's statutory function is to promote these Principles and the Code of Conduct within the State Service.


Functions of the Commissioner

In summary, the statutory functions of the Commissioner under the State Service Act 2000
(the Act) include:

  • upholding, promoting and ensuring adherence to the State Service Principles; evaluating the application within Agencies of practices, procedures and standards in relation to management of, and employment in, the State Service;evaluating the adequacy of systems and procedures in Agencies for ensuring compliance with the Code of Conduct;investigating alleged breaches of the Code of Conduct by Heads of Agencies and to report to the Premier on the results of such investigations;undertaking reviews of actions applied for under Section 50 of the Act;investigating and determine whether an employee is able to efficiently and effectively perform their duties;determining requirements, including qualifications, for the employment of employees or groups of employees in the State Service; and
  • determining the period within which action arising under this Act may be taken by the Commissioner, an officer or an employee.

Contact Information

Office of the State Service Commissioner
Level 2/144 Macquarie Street
HOBART TAS 7000

Postal Address:
PO Box 621
HOBART TAS 7001
AUSTRALIA

Email: ossc@dpac.tas.gov.au
Phone: (03) 6232 7007
Fax: (03) 6233 2693


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