Update for PSA members: Communities and Justice Flexible Work Policy and Procedure

Following the release of the draft Department of Communities and Justice (DCJ) Flexible Work Policy and Procedure in December 2024, the PSA submitted feedback received following engagement from our members right across the Department. Feedback includes:

• The policy is too open to individual interpretation, with decisions on “where work is to be done” left up to the discretion of an individual manager.
• The need for the policy to include a definition of what “principally” in the office means as a benchmark for “where work is done”.
• Without this benchmark for managers, the number of workplace grievances will skyrocket.
• The discretionary component to flexibility disproportionately affects women. DCJ and Corrective Services NSW (CSNSW) need to explain how they will continue to support the workforce participation of women and gender equality if decisions around flexibility are left solely to individual managers.
• There needs to be clearer guidance articulated in the policy on when additional arrangements may be approved, such as family responsibilities; significant commute times, regardless of whether employee is regional or metro; and illness or injury.
• The need for recognition in the policy that people with family responsibilities, significant commute times, regardless of whether employee is regional or metro, and injury or illness can enter into an individual hybrid agreement which allows for more flexibility.
• Recognition of the effect on regional communities and economies if flexibility is arbitrarily removed.
• The need for an explicit section stating that things such as leave, including sick, recreational and flex, do not require any “making up” of office time. A sick day on an office day does not require a working from home day to be changed to an office day. Managers should simply manage sick leave and absences in line with policies and Award requirements.
• Clearer support for more agile arrangements, in particular areas within the Department that should gain an automatic exemption, such as the Remote Service Delivery Team.
• The need for a list of approved NSW Government offices, workplaces and related work sites and a DCJ- and CSNSW-wide booking system to make it easier for employees to work in the office.
• The need for DCJ and CSNSW to conduct an audit and risk-assessment process around the current lack of IT infrastructure to support greater office presence, given majority of their meetings are on Teams.
• The policy should have an effective date and should be future-focused. The policy should allow DCJ and CSNSW to honour arrangements that were approved in writing and are in place.

On Tuesday 24 March 2025, DCJ responded to the feedback received by releasing an updated policy and procedure for consultation.  You can find the proposed updated policy HERE, and the proposed updated procedures HERE.

Some key amendments 

The Department has made some amendments. However, a number of concerns raised with the policy remain unaddressed.  The amendments made include:

• An update to the definition of principally to state that “in DCJ, ‘Principally’ means that at least 50 per cent of your work time is spent at your approved office, workplace, or related work site/s, over a period of one month. At least some of that time is to be on a Monday or Friday.”
• Only staff who do not meet this requirement are required to seek approval.
• The following statement has been added to the Scope in both the policy and procedure:

“Remote working is not generally available to frontline staff. This Policy supports the implementation of NSW Premier’s Department Circular 2024-03 NSW Government Sector workplace presence in DCJ and CSNSW and it is not intended to introduce or expand remote working availability.”

The recognition of the need to define what “principally” in the office means to at least 50 per cent of your work time over a period of one month gives some guidance to what is acceptable under the policy.

The recognition that only employees not meeting the requirement of working “principally” from the office at least 50 per cent over a period of a month need to seek approval from their line manager is also, on the face of it, a welcome change.

The PSA believes it needs to be more explicitly stated within the policy that this arrangement is a standard one, which does not need a line manager’s explicit approval. The PSA has concerns that the procedures as stated, which involve a “team” discussion and plan, will be used by managers who may not support flexibility to deny arrangements which the policy states do not need their approval.

The addition of the statement that remote working is generally not available to frontline staff is an unnecessary addition. This may have the affect of removing flexibility for people who currently have it.  The PSA strongly believes in an “if not, why not?” approach, which does not rely on whether someone’s roles is considered “frontline” or not by a particular manager.

Workplace adjustments

It is important to note DCJ has clarified there should be no changes for employees who have workplace adjustments in place, which include the need for working from home. Employees are eligible to ask for adjustments if they are a person with disability or a carer. You can view the DCJ Workplace adjustment Policy HERE. This policy is not changing. However, DCJ needs to ensure that workplace adjustments for things such as disability or caring responsibilities are managed under this policy, and not subject to the Flexible Work Policy and Procedures need for discretionary approval from a manager.

Where to from here?

The PSA has requested a further meeting with DCJ to discuss the Policy and Procedure and the changes that have been outlined above. We will also seek a clear communication plan from DCJ, and information on how they plan to consult with their staff on the above major change.  We will keep members up to date with developments as they occur.

You can provide further feedback to the updated policy and procedures by contacting the PSA. The PSA has set up a dedicated mailbox at for providing feedback for anyone across DCJ.

Flexible Work Update: DCJ Strategy, Reform & Support

Access to Flexible Work

Members will be aware of last month’s Premier’s Circular, which directed agencies to review flexible work policies, including hybrid work practices (‘working from home’).

The PSA will continue to support members seeking Flexible Working Arrangements, including access to hybrid work.

Are you interested in working from home? Would you like more flexible working hours? Please complete the form here to express your interest, and we’ll be in touch.

Managing Work Health & Safety Hazards

The most recent Work Health & Safety (WHS) risk assessment for Sound Reporters identifies specific physical and psychosocial risks in RSB. These include excessive workloads, time pressures, and vicarious trauma. Other common psychosocial hazards include low job control, insufficient support, lack of role clarity, poor change management, bullying, and harassment.

Since the passage of the Work Health and Safety Amendment Regulation 2022, employers are expressly required to implement risk management measures that address psychosocial risks and hazards.

We encourage members to file reports using SafetySuite to bring attention to WHS concerns, especially psychosocial risks and hazards. SafetySuite allows you to mark reports as confidential so it goes to HR, rather than a manager.

You can also make reports to your union. Confidential reports made by members in other agencies have been escalated to SafeWork, leading to Provisional Improvement Notices and other remedies.

Upcoming JCC on 25 September

At our regular Join Consultative Committee meetings (JCCs), PSA delegates discuss workplace issues with senior management. The Strategy, Reform & Support JCC can address issues in the Reporting Services Branch, Digital Customer Experience, Portfolio Management & Planning, and Data & Analytics.

At recent meetings with management, we raised concerns with plans to recruit additional casual staff to RSB. While we understand few casuals have been hired this year, we have sought further clarity on how casuals will be recruited. The union will continue to advocate for permanent roles wherever possible.

We intend to raise member reports regarding regional recruitment processes in this month’s JCC. The JCC is one of several tools we can use to escalate workplace issues like these. Please reach out to delegates or PSA staff contacts below if you have anything you’d like to discuss.

PSA delegates

Fiona Barron

Sophie Edington

Daniel Gosnell

Natasha Vos

PSA staff

Jacquie Carovska (Industrial Officer)

Lachlan Good (Organiser)

Huge Win for Court Officers – Reclassification from January 2024

Earlier this morning, the PSA attended a consultation meeting with the Office of the Sheriff around the announcement that Court Officers working within the Sheriffs Office will transition from a Clerk General Scale to a Clerk 1/2 from January 2024.

What does this mean?

This will result in pay rises of approximately $3,688 from January 2024, with yearly increments every January to the top of the Clerk 1/2 rate. This will also mean that due to yearly PSA negotiated pay increases usually paid in July, Court Officers will receive 2 pay increases a year for the next 4 years.

The current Clerk 1/2 pay scales are reproduced below:

A fantastic outcome

Credit must be given to the Sheriff of NSW for this announcement and the progression of the Uplift program, as well as all involved from DCJ in approving this reclassification. Credit also must be given to your PSA delegates, who have been tirelessly pushing for the reclassification of Court Officers, as well as the progression of the Uplift for Sheriff Officers, recently raising this very issue with the Attorney General. The reclassification of Court Officers is a massive win for affecting real change via consent between all parties and shows the power of effective consultation and advocacy from your Union.

Consultation continues

The PSA understands that there will be no application process for the transition from Clerk General Scale to Clerk 1/2, and that staff will be automatically reclassified, or “appointed”.  There is a commitment to no job losses through the process.  We will have further updates as the Consultation around the announcement continues.

Know any non-members?

Encourage them to join the PSA today at www.psa.asn.au

Court Services: Have Your Say in PMES 2023

The annual People Matter Employment Survey (PMES 2023) is now open. The survey closes on 15 September – this Friday.

Following a discussion at our most recent delegate meeting, we strongly encourage PSA members in Court Services to complete the survey. The PMES is our chance to tell the Department and the Government our views on how our workplace is being run.

You can complete the survey HERE

The results can help the union advocate for improvements in our conditions, and to resolve problems you identify. PMES provides useful statistics to help evidence our claims, as the data is collected anonymously by the Public Service Commission and Ipsos. A high participation rate is in the interests of members.

Make sure you have your say – you may find you are not alone.

PSA delegates

Veronica Antcliff

Danielle Beard

Gordon Roberts

Sharyn Rowlands

Eric Ruffin

PSA staff

Lachlan Good (Organiser)

Monika Wunderlin (Industrial Officer)

Court Services: Members’ meeting next week

We’re holding a check-in with our Court Services members at 1:15pm next Wednesday 16 August. This will follow our regular Joint Consultative Committee meeting with senior management on the same day.

We encourage interested registry colleagues to join via Teams over lunch, to discuss the JCC and other developments in the agency with delegates.

Court Services members’ meeting

Date Wednesday 16 August 2023
Time 1:15pm-1:45pm

Venue Via Teams
Click here to join the meeting
Meeting ID 493 687 682 054
Passcode ViaCE9

If you have any items for discussion or other questions, you can reach us at the contacts below.

PSA delegates

Veronica Antcliff
Danielle Beard
Gordon Roberts
Sharyn Rowlands
Eric Ruffin

PSA staff

Lachlan Good Organiser
Monika Wunderlin Industrial Officer

Court Services: Underpayment of temporary assignment allowance entitlements for Full-Time Relievers

The PSA has been advised by Court Services that it may have underpaid full-time relievers their temporary assignment allowance (TAA) entitlements for almost a decade since 24 February 2014.

This is apparently because the NSW Department of Communities and Justice misinterpreted Regulation 20 of the Government Sector Employment Regulation 2014 (the GSE Regulation) and continued to apply the repealed Public Sector Employment and Management Act 2002 determining that full-time relievers were somehow ineligible for TAA entitlements.

What is happening now?

The PSA understands that current and former affected employees have now been contacted by Court Services to advise them that they may have been underpaid their TAA entitlements and has detailed the process to request payment of the underpayments. The steps being undertaken by Court Services and the process for making a claim for a back-payment are set out in the department’s bulletin dated 26 April 2023 found HERE.

Next steps

If you are an affected employee and have undertaken any periods of relief since 24 February 2014, you should check your records to determine whether you have:

1. Relieved in a role which was a higher grade than your usual role; and
2. The period of relief was at least five ordinary working days.

If you identify any relieving periods that meet the above criteria, then you will be entitled to payment of TAA under the GSE Regulation.

If you do not have access to relevant records, you should contact your manager, relevant hub registrar or the nominated project coordinator for assistance to access records such as historical relief and leave calendars and rosters. There may be tax implications, which you should discuss with your accountant or tax agent.

If you do not receive assistance from the Department to access your records or have other concerns in relation to the underpayments, please contact your PSA industrial staff listed below.

Your PSA industrial staff

Dean Allen Industrial officer

Lachlan Good Organiser

Strategy, Reform and Support – Joint Consultative Committee (JCC) meeting on 7 March 2023

Your PSA delegates and Industrial staff will meet with management for our first quarterly Strategy Reform & Support JCC meeting on Tuesday 7 March 2023 to raise workplace issues on behalf of members. The JCC is an important forum for members to have a say in how their workplace is run and therefore if members have any general workplace concerns, please forward them to your PSA Industrial staff or delegate listed below. The previous JCC minutes can be found HERE.

The PSA extends our appreciation to the invaluable assistance of your PSA delegates for their tireless and thankless dedication to the role of delegate.

New Organiser

We also take this opportunity to introduce your new PSA Organiser Lachlan Good. If you would like to arrange a workplace visit, please contact him via his details below.  Lachlan is keen to begin working with members to increase the number of delegates and ensure PSA representative structures remain vibrant and reflective of the workplace.

Your PSA Industrial Staff

Dean Allen, Industrial Officer

Lachlan Good, Organiser

Downing Centre closed for deep-cleaning

The PSA is aware that the Downing Centre has been closed for deep-cleaning.  While we have limited info at the moment, we would like to remind members of the following extract from the Premiers Circular titled C2021-14 Employment Arrangements during COVID-19.

Workplace is closed

Where the workplace is closed, flexible work arrangements should be considered either at home or from another office location. Where work is unable to be provided to these employees, they are to be paid as normal and are placed on paid special leave.

Don’t forget that your union is here for you. If you have any enquiries about COVID-19 working arrangements please contact the Member Support Centre on 1800 772 679

Bulletin – Award Coverage for Court Associates

The PSA has been in discussions with the Director of Employee Relations at the NSW Department of Communities and Justice (DCJ) regarding a proposed Award for Court Associates.

DCJ plan to create a new instrument for Court Associates (and Tipstaves) and where this Award is silent on a matter, the Crown Employees – Conditions of Employment Award, will apply. The PSA can confirm that this draft Award will be made available for consultation in mid-July 2021. Once the draft is received by the PSA, it will be circulated to members for feedback.

It is only because of our collective strength that the PSA is able to effectively advocate. If you know of any non-members, ask them to join so they can be involved in the award negotiation process. Membership applications can be found HERE

Your PSA staff:

Organiser:
Alex Sala

Industrial Officer:
Monika Wunderlin

What can you do?

• Encourage your colleagues to join the PSA online HERE
• Give a copy of this bulletin to your colleagues.
• Print this bulletin and put it up on your notice board.

Have your say: What do you want from your employer in regards to WFH survey 2020

Complete our What do you want from your employer in regards to WFH survey, and tell us what you want at work.

After our members’ meeting on 22 June, concerns were raised about working from home, workload disparity and discrepancies in the types of assignments and tasks allocated. You can complete the survey at www.surveymonkey.com/r/RSBsurvey2020.  

We are asking members and non-members to tell us what matters to them in their workplaces, so we can campaign and represent you effectively.

Forward this survey on to your colleagues so they can have their say, too. The survey is open to members and non-members. You can join us at www.psa.asn.au/join.

We look forward to hearing from you.

In union,
Alex Sala
PSA A/Organiser

Funeral details for Jeff Walters, Chair of the Petty Sessions Officers Association

It is with great sadness that the PSA advises members that Jeffrey Walters, Chair of the Petty Sessions Officers Association, passed away last week.

Jeff was a staunch unionist and a PSA member for over 30 years. He tirelessly advocated for workers’ rights. Jeff was highly respected for his selfless work on behalf of members. Jeff also contributed to all PSA members through his time on the PSA Central Council.

Jeff was also a currently elected councillor of our national union, the CPSU-State Public Sector Federation.

Due to the current COVID-19 restrictions, a private family funeral will be held.

You can attend Jeff’s funeral at 10:30am on Wednesday, 17 June 2020 via the following link meighans.com.au/tribute-centre.

Bulletin – Parramatta Court

The PSA recently met with your management team to raise members concerns.

It was confirmed medical certificates are only required when staff are off for three or more consecutive days; if there are privacy concerns when handing in a certificate, staff can elect to have it dealt with HR or a different manager; See clause 80 of the Crown Employees award.
Staff should be using a flex day for specialist appointments: staff can elect to have it put down as “sick” on the roster until the flex planner is updated and then change it to flex on the roster to ensure they are able to have the time off.

Your management team have recognised that communication with staff has not been adequate, especially regarding flex, what constitutes “meaningful work”, and how staff are chosen for TAA. Management have committed to improving communication and have taken staff concerns on board.
For more information or specifics, contact your delegate Eric Ruffin, or your PSA organiser Glenn Duncan

Your union is only as strong as its members – the more members we have, the stronger we are. Your union is not only your voice in the work place, the PSA also handles individual issues at work.

What can you do?

Give a copy of this bulletin to your colleagues.

Print this bulletin and put it up on your notice board.

Ask a colleague to join the PSA, which can be done online HERE.