Commissioner’s Instructions are instruments issued by the Public Sector Commissioner under s22A of the Public Sector Management Act 1994 (PSM Act) which provide directions to public sector bodies and/or employees on matters relating to the Commissioner’s functions or the application of the PSM Act. Over time, other compliance instruments such as the Standards in Human Resource Management, Approved Procedures and Administrative Instructions will be converted to Commissioner’s Instructions format or be phased out.
The scope and application of a Commissioner’s instruction identifies to whom the instruction applies. The directives under the ‘Instruction’ heading are mandatory but an instruction may also include supporting information such as accompanying frameworks or guidelines to assist public sector bodies in its application. This information is provided for guidance purposes only and does not form part of the mandatory requirements. CEOs are responsible for keeping informed of the content of instructions and disseminating that information to relevant staff.
The Commissioner may grant an exemption or variation from a Commissioner’s Instruction in exceptional circumstances such as where an agency can demonstrate that compliance would significantly impact on service delivery and the situation was unable to be addressed by the agency through planning or appropriate management.
Before seeking an exemption or variation agencies must consider any alternate mechanisms or administrative arrangements that could be applied to achieve the same or similar outcome. The application checklist is provided as a guide for agencies seeking an exemption or variation. For further information contact the Commission on the enquiries number provided in the instruction.
Please note the Commissioner may:
- By order published in the Gazette exempt the whole or any part of a public sector body from compliance with the whole or any part of a public sector standard or the Code of Ethics (ref: s21(9A) PSM Act).
- Issue a variance to an instruction excluding a public sector body or class of employee from the requirement to comply with the whole or part of an instruction, this must be made publically available in such manner as the Commissioner thinks appropriate (ref: S22 A(3) (4) PSM Act).
Page last updated 4 December 2018