State Sector Act 1988

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Reprint as at 1 November 2010

State Sector Act 1988

Public Act1988 No 20
Date of assent30 March 1988
Commencementsee section 1(2)


Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

This Act is administered by the Office of the State Services Commission.



1 Short Title and commencement

2 Interpretation

Part 1
State Services Commissioner

3 State Services Commissioner

Duties, functions, and powers of Commissioner

4 Commissioner to be chief executive of State Services Commission

5 Duty of Commissioner to act independently

6 Functions of Commissioner

7 Powers of Commissioner

8 Power of Commissioner to conduct inspections and investigations

9 Power to obtain information

10 Power to enter premises

11 Exercise of functions and powers in respect of other State services

12 Deputy State Services Commissioner

13 Term of office

14 Acting Commissioner or acting Deputy Commissioner

15 Remuneration and expenses of Commissioner and Deputy Commissioner

16 Removal from office

17 Vacation of office

18 Superannuation rights of Commissioner and Deputy Commissioner

19 Annual report

20 Power to incorporate annual report of Commission in Commissioner's annual report

21 Advisory committees

22 Remuneration of advisory committees

23 Delegation of functions or powers

24 Revocation of delegations

25 Power to summon witnesses

26 Fees and expenses in connection with investigation or inquiry

Part 2
The Public Service

27 Public Service defined

28 Delegation of functions or powers of appropriate Minister

29 Revocation of delegations

30 Annual reports of Departments [Repealed]

30A Amendment of Schedule 1 to reflect reorganisations within Public Service

30B Effect of reorganisations within Public Service on employees

30C Application of employee provisions to reorganisations between Departments

30D Application of employee provisions to transfers from Crown entities to Departments

30E Restriction of compensation for technical redundancy arising from reorganisations

30F Reappointment of employees following reorganisations

30G Application of collective agreements to employees following reorganisations

30H Consequential changes to references to Departments following reorganisations

30I Consequential changes to references to chief executives following reorganisations

30J Application of consequential changes to references

30K Other saving and transitional matters arising from reorganisations within Public Service

30L Effect of reorganisations within Public Service

Part 3
Chief executives

31 Chief executives

32 Principal responsibilities

33 Duty to act independently

34 Functions, responsibilities, duties, and powers

35 Appointment of chief executives

36 Reappointment of chief executives

37 Appointment and reappointment of Government Statistician

38 Conditions of employment of chief executives

39 Removal from office

40 Acting chief executive

41 Delegation of functions or powers

42 Revocation of delegations

43 Review of performance of chief executive

44 Special provisions in relation to certain chief executives

45 Application of Labour Relations Act 1987 in respect of chief executives [Repealed]

Part 4
Senior leadership and management capability in Public Service

46 Object

47 Responsibilities of Commissioner

48 Responsibilities of Public Service chief executives

49 Secondments

50 Other organisations in State services

51 Appointments to positions in the senior executive service [Repealed]

52 Conditions of employment for senior executive service [Repealed]

53 Removal from office [Repealed]

54 Conditions where person not reappointed [Repealed]

55 Training for senior executive service [Repealed]

Part 5
Personnel provisions

56 General principles

57 Commissioner may set minimum standards of integrity and conduct

57A Agencies must comply with minimum standards except in particular circumstances

57B Breaches of minimum standards

57C Commissioner's powers when setting and enforcing minimum standards

58 Equal employment opportunities

59 Employees of Departments

60 Appointments on merit

61 Obligation to notify vacancies

61A Power to transfer employees

61B Protection of conditions of employment upon transfer of duties

61C Union coverage where Department ceases to be part of Public Service

62 Acting appointments

63 Evidence of appointments

64 Obligation to notify appointments

65 Review of appointments

66 Redundancy [Repealed]

Part 6
Application of Employment Relations Act 2000

67 Application to Public Service of Employment Relations Act 2000

68 Negotiation of conditions of employment

69 Personal grievances and disputes

70 Delegation of Commissioner's powers

71 Compulsory arbitration and agreement not to strike or lock out [Repealed]

72 Contravention of agreement not to strike or lock out [Repealed]

Part 7
Education service

73 Application of Employment Relations Act 2000

74 Negotiation of conditions of employment

74AA Commissioner's powers when collective agreements are negotiated

74AB Boards of Trustees indemnified by Commissioner

74AC Strikes in schools to be notified

74AD Employers to notify Commissioner about participation in strikes

74A Personal grievances and disputes

74B Delegation of Commissioner's powers

74C Negotiation of conditions of employment for employees of tertiary education institutions

74D Senior positions at tertiary education institutions

75 Actual conditions of employment

76 Offence to attempt to influence employer

77 Protection from liability

77AA Offence to attempt to influence employer [Repealed]

77AB Protection from liability [Repealed]

Part 7A
Personnel provisions in relation to Education service

77A General principles

77B Code of conduct

77C Performance of teachers

77D Equal employment opportunities

77E Employees of institutions

77F Duty to act independently

77G Appointments on merit

77H Obligation to notify vacancies

77HA Restriction of compensation for technical redundancy arising from closure or merger of schools

77HB Appointment of employees following closure or merger of schools

77I Acting appointments

Part 7B
Senior appointments in Education service

77IA Chief executives of institutions

77IB Appointment of chief executive

77IC Reappointment of chief executive

77ID Conditions of employment of chief executive

77IE Removal from office

77IF Acting chief executive

77J Appointments of senior staff [Repealed]

77K Conditions of employment of principals [Repealed]

77L Conditions of employment of senior staff (other than principals) [Repealed]

77LA Conditions of employment of senior staff in universities or technical institutes [Repealed]

77M Application of Labour Relations Act 1987 in respect of senior positions [Repealed]

78 Choice of procedure [Repealed]

79 General principles [Repealed]

80 Equal employment opportunities [Repealed]

81 Amendments to Education Act 1964 [Repealed]

Part 8
Miscellaneous provisions

82 Medical examinations

83 Instructions


84 Interpretation

84A Power to establish superannuation schemes for officers and employees

84B Contributions to superannuation schemes

84C Obligation to obtain confirmation from Government Actuary that scheme meets requirements [Repealed]

84D Contributions to superannuation schemes [Repealed]

85 Offence to attempt to influence Commission or chief executive

86 Protection from liability

87 Amendments to other enactments

88 Repeals and transitional provision

89 Revocations

90 Consequential amendments in relation to repeal of State Services Act 1962 and State Services Conditions of Employment Act 1977

Transitional provisions and savings

91 Transitional provisions for permanent heads

92 Transitional provisions for senior executive service [Repealed]

93 Transitional provisions in respect of appointments to Public Service

94 Identical conditions of employment in respect of State services

95 Awards and agreements

96 Determinations and orders

97 Clauses relating to disputes of rights and personal grievances

98 Expiry date of determinations and orders

99 Mandatory registration

100 Recognition of service organisations as unions

101 Union rules

102 Deferring operation of sections of the Labour Relations Act 1987

103 Union membership

104 Causes of action

105 Rights of employees of Public Service

106 Application of repealed provisions

107 Grading reviews of employees of Public Service

108 Appeal rights of employees of Public Service

109 Apprenticeships preserved

110 Provisions relating to Commission

111 General liabilities of Commission

112 Savings

Schedule 1
Departments of the Public Service

Schedule 2
State enterprises


Schedule 3
Procedure for conciliation and arbitration


Schedule 4
Final offer arbitration


Schedule 5
Enactments amended

Schedule 6
Enactments repealed

Schedule 7
Regulations and orders revoked

Reprint notes

An Act—

  • (a) to ensure that employees in the State services are imbued with the spirit of service to the community; and

  • (b) to promote efficiency in the State services and other agencies; and

  • (c) to ensure the responsible management of the State services; and

  • (d) to maintain appropriate standards of integrity and conduct among employees in the State services and other agencies; and

  • (e) to ensure that every employer in the State services is a good employer; and

  • (f) to promote equal employment opportunities in the State services; and

  • (g) to provide for the negotiation of conditions of employment in the State services and assistance to other agencies on conditions of employment; and

  • (h) to repeal the State Services Act 1962, the State Services Conditions of Employment Act 1977, and the Health Service Personnel Act 1983

  • Title paragraph (b): amended, on 25 January 2005, by section 3(1) of the State Sector Amendment Act (No 2) 2004 (2004 No 114).

  • Title paragraph (d): amended, on 25 January 2005, by section 3(1) of the State Sector Amendment Act (No 2) 2004 (2004 No 114).

  • Title paragraph (g): amended, on 25 January 2005, by section 3(2) of the State Sector Amendment Act (No 2) 2004 (2004 No 114).