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.”

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

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

Attraction Retention Allowance Template

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

Excess Employees - Income Maintenance

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.

  • 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 deliver 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.
  • Approval of leave to assist the 2019/20 bushfire effort: For more information, please click here.

Determination 3.1 Employment Conditions Hours of Work Overtime and Leave

Determination 3.1 Employment Conditions – Hours of Work, Overtime and Leave: Supplementary Provisions for COVID-19

Skills and Experience Retention Entitlement

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

Determination 3.2 - Employment Conditions - Remuneration - Allowances and Reimbursements

General Area Locality Line Map


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

Recovery of Overpayments

FAQ Recovery of Overpayments

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

Please note that the documentation relating to the redeployment, retraining, and redundancy for employees covered by the South Australian Public Sector Enterprise Agreement: Salaried 2021 is currently under review following the approval of this enterprise agreement on 9 December 2021.

The approved agreement is available online via the Department of Treasury and Finance and the South Australian Employment Tribunal.

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.

Flexible Workplace Guideline

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

Determination and Guideline - Employment Relations

Attachment 1 - Industrial Action Report Template