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.
