Office for the Public Sector



Determinations of the Commissioner for Public Sector Employment are binding and cover a range of public sector employment matters.

Under Section 16(1) of the Public Sector Act 2009, the Commissioner for Public Sector Employment:

“…may issue determinations relating to (a) employment in the Public Service; and (b) public sector employment outside the Public Service that is declared by another Act or the regulations under this Act to be employment to which this section applies.”

Determination 1: Merit Engagement, Assignment of Duties and Transfer of Non-Executive Employees

This Determination covers employment matters such as merit, engagement, assignment of duties and the transfer of non-executive employees and also covers merit based selection processes.

Determination 2: Excess Employees - Income Maintenance

Determination 2 covers the income maintenance provisions that apply to excess employees.

Determination 3.1: Employment Conditions - Hours of Work, Overtime and Leave

This Determination covers hours of work and overtime as well as the range of leave provisions available to public sector employees and the circumstances in which they can be accessed. The Determination has been approved by the Commissioner for Public Sector Employment to take effect on 1 July 2017.

  • Supplementary Provisions for COVID-19: Following the declaration of a public health emergency on 16 March 2020, the Commissioner has issued new supplementary provisions under this Determination for COVID-19. These override existing provisions and support efforts to minimise the spread of COVID-19, and enable the Public sector to continue to delivery essential services to the community. The provisions have immediate effect until revoked. The Premier has also issued a Direction that all agencies act in accordance with the supplementary provisions of this Determination.
  • Special Leave With Pay for Australian Defence Force (ADF) Reservists Called Out to Serve: An employee who is a Defence Reservist that is called out to serve under section 28 of the Defence Act 1903 must be released from employment. The Chief of the Defence Force has directed that any members of the Reserves covered by the Call Out who are engaged in emergency services are not bound to render service. Further information is available here. For administrative purposes, Special Leave With Pay should be approved for the Defence Reservist called out to serve. Please contact your Human Resources area for further information. A copy of the current Order to Call Out is available here.

Determination 3.2: Employment Conditions - Remuneration - Allowances and Reimbursements

This Determination details the range of the allowances and reimbursements available to public sector employees, the rates and circumstances in which they can be paid and reimbursed. Maps showing the location of the General Area Locality Line and metropolitan Adelaide boundary are also available below, which should be read in conjunction with the relevant provisions of this Determination.

Determination 4: Qualifications for Designated Whistleblower Contact Officers

This Determination has been rescinded upon section 7 of the Public Sector Act 2009 being repealed by the Public Interest Disclosure Act 2018, effective 1 July 2019. Further information on this Act can be found here; or on the Independent Commissioner Against Corruption’s website here.

Determination and Guideline 6: Recovery of Overpayments

This Determination and Guideline outlines the arrangements that apply to the recovery of salary overpayments.

Determination and Guideline 7: Changes to Workforce Composition and Management of Excess Employees – Redeployment, Retraining and Redundancy

This Determination and Guideline applies to agencies and employees who are covered by the:

  • South Australian Modern Public Sector Enterprise Agreement: Salaried 2017 and
  • South Australian Public Sector Wages Parity Enterprise Agreement: Weekly Paid 2017

More information is available here.

Determination and Guideline - Flexible Workplaces

This Determination and Guideline is intended to help create a more flexible, diverse and inclusive South Australian public sector workforce, to generate productivity, increase workforce participation and improve workforce culture. It is also intended that this Determination and Guideline will improve awareness and understanding of how to consistently implement flexible working arrangements in the South Australian public sector.

Determination and Guideline - Employment Relations

This Determination and Guideline outlines the arrangements for managing employment relations.

Eligibility For Former DHS Employees To Apply For Public Sector Jobs

Ongoing employees of the Department of Human Services (DHS), who were formerly employed in that agency in a role providing disability or domiciliary services and, who have taken up employment in a non-Government provider of disability or domiciliary care services may be eligible to apply for public sector vacancies which would otherwise only be available to current public sector employees. Eligibility will be for two years from the date a former employee commences employment in a non-Government provider. The Office of the Commissioner for Public Sector Employment will maintain a list of eligible employees. Agencies can confirm eligibility by contacting the Office for the Commissioner for Public Sector Employment’s – Workforce Transition Unit at

Back to top