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This is a Bill, not an Act. For current law, see the Acts databases.
Public Sector Employment and
Management Amendment Bill 2010
No , 2010
A Bill for
An Act to amend the Public Sector Employment and Management Act 2002 to make
further provision in relation to appointments to positions in the Public Service.
Clause 1 Public Sector Employment and Management Amendment Bill 2010
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Public Sector Employment and Management 3
Amendment Act 2010. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
Page 2
Public Sector Employment and Management Amendment Bill 2010
Amendment of Public Sector Employment and Management Act 2002 No 43 Schedule 1
Schedule 1 Amendment of Public Sector 1
Employment and Management Act 2002 2
No 43 3
[1] Section 19 Merit appointment 4
Insert at the end of section 19 (3A) (b): 5
, or 6
(c) a person who is employed in a Division of the Government 7
Service specified in Part 3 of Schedule 1 (a Special 8
Employment Division) that is associated with the 9
Department, other than any such person who is employed 10
on a casual basis or, if employed on a temporary basis, has 11
not been employed in the Special Employment Division 12
for a continuous period of at least 2 years. 13
[2] Section 19 (3B) 14
Insert after section 19 (3A): 15
(3B) For the purposes of subsection (3A) (c), a Special Employment 16
Division is taken to be associated with a Department if the Head 17
of that Department is also the Division Head of the Special 18
Employment Division. 19
[3] Section 19 (4) 20
Omit "an officer or a Departmental temporary employee". 21
Insert instead "a qualified member of staff of the Department within the 22
meaning of subsection (3A)". 23
[4] Section 22 Legal proceedings not to be brought in respect of 24
appointments etc 25
Insert after section 22 (4): 26
(5) Nothing in this section prevents any of the following proceedings 27
being brought by a member of staff of a Department in relation to 28
the appointment of another member of staff of any Department to 29
a position in the Public Service: 30
(a) proceedings under Part 9 of the Anti-Discrimination Act 31
1977 in relation to a complaint under that Part, 32
(b) proceedings under section 213 of the Industrial Relations 33
Act 1996 to enforce the provisions of section 210 34
(Freedom from victimisation) of that Act. 35
Page 3
Public Sector Employment and Management Amendment Bill 2010
Schedule 1 Amendment of Public Sector Employment and Management Act 2002 No 43
[5] Schedule 4 Savings, transitional and other provisions 1
Insert at the end of clause 1 (1): 2
Public Sector Employment and Management Amendment Act 3
2010 4
[6] Schedule 4 5
Insert at the end of the Schedule with appropriate Part and clause numbering: 6
Part Provision consequent on enactment of 7
Public Sector Employment and 8
Management Amendment Act 2010 9
Proceedings in respect of appointing 10
Section 22 (5), as inserted by the Public Sector Employment and 11
Management Amendment Act 2010, does not apply in relation to 12
any appointment made before the commencement of that 13
subsection. 14
Page 4
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