State Service Legislation Overview

The State Service Act 2000 (the Act) was enacted in November 2000 following a review of the Tasmanian State Service Act 1984. The Act is enabling legislation that is supplemented by the State Service Regulations 2021 (the Regulations) and Employment Directions. This legislative framework has been designed to support a contemporary workforce and to provide the best possible services to the Government, the Parliament and the community.

The State Service Principles and a Code of Conduct have been incorporated into the Act. The Principles provide a statement as to both the way that employment is to be managed in the State Service, and the standards expected of those who work within it. The Code of Conduct reinforces and upholds the Principles by establishing standards of behaviour and conduct that apply to all employees, including Officers and Heads of Agencies.

Other legislation related to the Act includes the State Service (Savings and Transitional Provisions) Act 2000.

In addition, changes to the administration and structure of the State Service may result from:

• 'State Service (Agencies and Heads of Agencies) Orders', which the Governor makes to amend the list of agencies or State authorities in Schedule 1 of the Act, under section 12 of the Act.
• 'State Service (Restructuring) Orders', which the Governor makes to establish, abolish or change the name of a Government department or State authority, or to restructure Government departments and State authorities, under section 11 of the Act.
• Consequential amendments to the Act via other Acts of Parliament.

Employment Directions relate to the administration of the State Service and are issued by the Minister administering the Act.

Full details of related legislation is available at the Tasmanian legislation website at www.thelaw.tas.gov.au

State Service Act 2000

The State Service Act 2000 (the Act) is enabling legislation that is supplemented by the State Service Regulations 2021 (the Regulations) and Employment Directions. This legislative framework has been designed to support a contemporary workforce and to provide the best possible services to the Government, the Parliament and the community.

Employment Directions relate to the administration of the State Service and are issued by the Minister on the advice of the Director, State Service Management Office.

The State Service Principles and 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.

Other legislation related to the State Service Act 2000 includes the State Service (Savings and Transitional Provisions) Act 2000 and the State Service (Consequential and Miscellaneous Amendments) Act 2000.

State Service Regulations 2021

The State Service Regulations 2021 (the Regulations) supplement the State Service Act 2000 (the Act) and, alongside and Employment Directions are a key component of the legislative framework supporting the operation of the State Service.

State Service Principles

The State Service Principles are the cornerstone of the State Service Act 2000 (the Act). The Principles, established under subsection 7(1) of the Act, provide a statement as to both the way that employment is to be managed in the State Service, and the standards expected of those who work within it.

Employees and Heads of Agency are required to comply with and uphold the Principles, and Heads of Agency are also required to promote the Principles.

State Service Code of Conduct

The State Service Code of Conduct, which is contained in section 9 of the State Service Act 2000 (the Act) reinforces and upholds the Principles by establishing standards of behaviour and conduct that apply to all employees, including officers and Heads of Agency.

In accordance with subsection 10(3) of the Act, the Employer is required to establish procedures for the investigation and determination of whether an employee has breached the Code of Conduct.