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What is the relationship between the State Services Commissioner and State servants?

The Commissioner has a statutory power to apply the code of conduct to agencies specified in the State Sector Act.  Those agencies must then comply with the standards.  They must decide how people working for the agency do this.

State servants are employed either by a board in the case of a Crown entity or a Public Finance Act Schedule 4A company, or a chief executive in the case of a department.  Maintaining standards of behaviour forms part of the relationship between employer and employee.  The relationship with the Commissioner is more remote.  The Commissioner sets the standards, and provides interpretation and guidance about them.

2:  The 2013 amendment to the State Sector Act extended the coverage of the code to individuals working as contractors or secondees in relation to a function, duty, or power of the agency

3:  State Sector Act 1988, section 57

4:  The State Sector Act defines this group of people as Ministerial Staff.  Ministerial staff means the employees (including acting, temporary, or casual employees) who are employed on events-based employment agreements by the department that is responsible for the employment of ministerial staff across Minsters’ offices; and to work directly for a Minister in a Minister’s office rather than a department.  

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