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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Public Sector Employment Legislation
Amendment Bill 2006
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Public Sector Employment and
Management Act 2002 No 43 2
4 Amendment of Health Services Act 1997 No 154 2
5 Amendment of Health Administration Act 1982 No 135 2
6 Amendments to other Acts relating to employment of staff 2
7 Consequential amendment of other Acts and instruments 2
8 Repeal of Ambulance Services Act 1990 No 16 2
Schedule 1 Amendment of Public Sector Employment and
Management Act 2002 3
Schedule 2 Amendment of Health Services Act 1997 35
Schedule 3 Amendment of Health Administration Act 1982 68
Schedule 4 Amendments to other Acts relating to employment of staff 71
Schedule 5 Consequential amendment of other Acts and instruments 118
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2006
New South Wales
Public Sector Employment Legislation
Amendment Bill 2006
Act No , 2006
An Act to amend the Public Sector Employment and Management Act 2002, the
Health Services Act 1997, the Health Administration Act 1982 and various other Acts
to make further provision with respect to the employment of public sector staff; to
repeal the Ambulance Services Act 1990; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Public Sector Employment Legislation Amendment Bill 2006
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Public Sector Employment Legislation Amendment
Act 2006.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Public Sector Employment and Management Act 2002 No
43
The Public Sector Employment and Management Act 2002 is amended
as set out in Schedule 1.
4 Amendment of Health Services Act 1997 No 154
The Health Services Act 1997 is amended as set out in Schedule 2.
5 Amendment of Health Administration Act 1982 No 135
The Health Administration Act 1982 is amended as set out in
Schedule 3.
6 Amendments to other Acts relating to employment of staff
Each Act specified in Schedule 4 is amended as set out in that Schedule.
7 Consequential amendment of other Acts and instruments
Each Act and instrument specified in Schedule 5 is amended as set out
in that Schedule.
8 Repeal of Ambulance Services Act 1990 No 16
The Ambulance Services Act 1990 is repealed.
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Public Sector Employment Legislation Amendment Bill 2006
Amendment of Public Sector Employment and Management Act 2002 Schedule 1
Schedule 1 Amendment of Public Sector
Employment and Management Act 2002
(Section 3)
[1] Section 3
Omit the section. Insert instead:
3 Definitions
(1) In this Act:
appropriate Division Head means:
(a) where the expression is used in connection with a Division
of the Government Service--the Head of the Division, or
(b) where the expression is used in connection with a member
of the staff of a Division of the Government Service--the
Head of the Division to which the member of staff belongs.
Note. In the case of a Division that is designated as a Department of the
Public Service (see section 6), the term appropriate Department Head
is also used in this Act.
chief executive position means a position referred to in section
64 and chief executive officer means a person holding such a
position.
Department--see section 6.
Director of Public Employment--see section 121.
Division of the Government Service--see section 4C.
Division Head means a Division Head referred to in section 4D.
exercise a function includes perform a duty.
extended leave includes leave in the nature of extended leave.
function includes a power, authority or duty.
Government Service means the Government Service of New
South Wales referred to in section 4A.
member of staff of a Division means a member of the group of
staff comprising the Division (whether employed as an officer,
temporary employee, casual employee or in any other capacity).
member of the Government Service means a member of staff of
any Division of the Government Service.
Public Sector Notices means any document titled "Public Sector
Notices" published under the authority of the Government.
public sector service means any of the following:
(a) the Government Service,
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Public Sector Employment Legislation Amendment Bill 2006
Schedule 1 Amendment of Public Sector Employment and Management Act 2002
(b) the Teaching Service,
(c) NSW Police,
(d) the NSW Health Service,
(e) the service of either House of Parliament, or the President
or Speaker, or the President and the Speaker jointly,
(f) any other service of the Crown,
(g) the service of any other person or body constituted by or
under an Act or exercising public functions (such as a State
owned corporation), being a person or body that is
prescribed, or that is of a class prescribed, for the purposes
of this definition.
Public Service--see section 6.
Note. The Public Service comprises the Divisions of the Government
Service specified in Part 1 of Schedule 1.
senior executive position means a position referred to in section
65 and senior executive officer means a person holding such a
position.
(2) Notes included in this Act do not form part of this Act.
[2] Chapter 1A
Insert after Chapter 1:
Chapter 1A The Government Service
4A The Government Service
(1) The Government Service of New South Wales consists of those
persons who are employed under this Chapter by the Government
of New South Wales in the service of the Crown.
(2) This Chapter does not affect any other means (statutory or
otherwise) by which a person may be employed in the service of
the Crown.
Note. Other ways in which persons are employed in the service of the
Crown include employment in the Teaching Service, the NSW Health
Service or NSW Police.
4B Employment of staff in the Government Service
(1) The Government of New South Wales may, subject to
subsection (2), employ staff in any Division of the Government
Service.
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Amendment of Public Sector Employment and Management Act 2002 Schedule 1
(2) The employment of staff in the Government Service, including
the exercise of employer functions in relation to that staff, is
subject to the requirements of this or any other Act relating to that
staff.
Note. For example, Chapter 2 regulates the employment of staff in
Divisions comprising the Public Service and sections 129131 confer
industrial relations employer functions on the Director of Public
Employment in relation to the Public Service. Also, the employment of
staff in a Division may, in some cases, be subject to regulations under
another Act (eg section 17 of the Technical and Further Education
Commission Act 1990 and sections 62, 65 and 65D of the Transport
Administration Act 1988).
(3) Without limiting the purposes for which staff may be employed
in the Government Service, staff may be employed by the
Government of New South Wales under this Chapter in a
Division to enable a statutory corporation to exercise its
functions.
4C Divisions of the Government Service
(1) The Divisions of the Government Service are the Divisions
specified in Schedule 1.
(2) A Division is the group of staff with the name specified in
Schedule 1.
Note. Some Divisions are designated as Departments of the Public
Service (see Part 1 of Schedule 1).
(3) The employment of staff in a Division specified in Part 3 of
Schedule 1 is subject to such limitations (if any) as may be
specified in Column 1 of that Part in relation to the Division.
Note. See Chapter 4 for other provisions relating to Divisions.
4D Division Heads
(1) The person holding the position or office specified in Column 2
of Schedule 1 opposite the name of a Division of the Government
Service is, for the purposes of this or any other Act, the Division
Head in relation to the Division concerned.
Note. In the case of most of the Divisions of the Government Service
that are designated as Departments, the Department Head positions are
created by this Act--see section 10.
(2) A Division Head may, subject to section 4B (2), exercise on
behalf of the Government of New South Wales the employer
functions of the Government in relation to the members of staff
of the Division.
(3) A Division Head may establish or abolish, or change the name of,
any branch or other part of the Division.
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Public Sector Employment Legislation Amendment Bill 2006
Schedule 1 Amendment of Public Sector Employment and Management Act 2002
4E Salary, conditions etc of staff employed in Divisions
(1) The Government of New South Wales may fix the salary, wages
and conditions of employment of staff employed under this
Chapter in so far as they are not fixed by or under any other law.
(2) The Minister or the Treasurer may give directions to a statutory
corporation requiring the payment by the statutory corporation,
on behalf of the Government of New South Wales, of the salary,
wages and other employment-related costs (such as
superannuation, workers compensation, public liability insurance
and vicarious tortious liability) in respect of those members of the
Government Service who are employed under this Chapter to
enable the statutory corporation to exercise its functions.
(3) If a fund is established under any Act in connection with a
statutory corporation and the provisions of that Act authorise the
payment of amounts from the fund in connection with the
employment of staff, the statutory corporation is authorised to
apply the fund for the purposes of any payment required to be
made by the corporation pursuant to a direction under
subsection (2).
4F Delegation by Division Head
(1) The Division Head of a Division may delegate to any member of
staff of that or any other Division of the Government Service:
(a) any of the Division Head's functions under this Act (other
than this power of delegation), and
(b) any employment-related functions under any other Act
that the Division Head exercises on behalf of the
Government of New South Wales in relation to the staff in
that Division.
(2) If:
(a) a function of a Division Head is delegated to a member of
staff in accordance with subsection (1), and
(b) the instrument of delegation authorises the sub-delegation
of the function,
then, subject to any conditions to which the delegation is subject,
the person may sub-delegate the function to another member of
staff of that or any other Division of the Government Service.
(3) In this section:
(a) a reference to the functions of a Division Head includes a
reference to any functions delegated to the Division Head
under this Act, and
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Public Sector Employment Legislation Amendment Bill 2006
Amendment of Public Sector Employment and Management Act 2002 Schedule 1
(b) a reference to a member of staff of a Division includes a
reference to a person holding an appointment to or in a
body or organisation in respect of which a Division of the
Government Service is established to enable the body or
organisation to exercise its functions.
4G Regulations relating to staff employed in Divisions (other than
Departments)
(1) In this section, Division means a Division of the Government
Service other than a Department of the Public Service.
Note. Regulations with respect to the Public Service may be made under
section 62.
(2) The regulations may make provision for or with respect to the
employment of staff in a Division, including the conditions of
employment and the discipline of any such staff.
(3) Any such regulations relating to the conditions of employment or
the discipline of staff employed in a Division:
(a) have effect subject to any State industrial instrument
relating to that staff, and
(b) have effect despite any determination under section 4E (1),
and
(c) are subject to Part 3.1 of this Act.
(4) Any regulation that is made under another Act and that relates to
the conditions of employment or the discipline of staff in a
Division prevails, to the extent of any inconsistency, over any
regulation made under this section.
4H Division Heads of certain Divisions to comply with directions of
Director of Public Employment on industrial matters
(1) This section applies to a Division of the Government Service that
is specified in Part 2 of Schedule 1 as a Division to which this
section applies.
(2) The Director of Public Employment may, with the approval of
the Minister and by notice in writing to the Division Head of a
Division to which this section applies, require the Division Head:
(a) to notify the Director of Public Employment of such
industrial matters affecting the Division as may be
specified in the notice, and
(b) to exercise the Division Head's functions in respect of any
such industrial matter in such manner as may be specified
in the notice.
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Public Sector Employment Legislation Amendment Bill 2006
Schedule 1 Amendment of Public Sector Employment and Management Act 2002
(3) A notice may specify the manner and the time within which
industrial matters must be notified.
(4) A Division Head must comply with a requirement under this
section.
4I Miscellaneous provisions relating to civil liability
(1) Part 5 of the Workers Compensation Act 1987 applies to work
injury damages recoverable from the Government of New South
Wales, and to work injury damages recoverable from a statutory
corporation, by or in respect of a person employed in a Division
of the Government Service to enable the statutory corporation to
exercise its functions. That Part so applies as if:
(a) the statutory corporation were an employer of the person in
addition to the Government, and
(b) the statutory corporation were an employer liable to pay
compensation under that Act.
(2) A policy of insurance may be issued to the Government of New
South Wales under the Workers Compensation Act 1987 that is
limited to workers employed in a particular Division of the
Government Service.
(3) A licence under Division 5 (Self-insurers) of Part 7 of the
Workers Compensation Act 1987 that is limited to workers
employed in a particular Division of the Government Service
may be granted to the Government of New South Wales.
(4) If:
(a) a person is employed in a Division of the Government
Service to enable a statutory corporation to exercise its
functions, and
(b) the Government of New South Wales is, as the person's
employer, proceeded against for any negligence or other
tort of the person (whether the damages are recoverable in
an action for tort or breach of contract or in any other
action), and
(c) the statutory corporation is entitled under a policy of
insurance or indemnity to be indemnified in respect of
liability that the corporation may incur in respect of that
negligence or other tort,
the Government is subrogated to the rights of the statutory
corporation under that policy in respect of the liability incurred
by the Government arising from that negligence or other tort.
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Public Sector Employment Legislation Amendment Bill 2006
Amendment of Public Sector Employment and Management Act 2002 Schedule 1
(5) For the purposes of Division 2 of Part 9 of Chapter 2 of the
Industrial Relations Act 1996:
(a) if a person who is employed in a Division of the
Government Service (other than a Department) is
appointed (otherwise than on an acting basis) to another
position in a different Division of the Government Service,
the person is taken to have entered into a new contract of
employment in respect of that other position, and
(b) the cessation of a person's appointment (whether by way
of dismissal, resignation, transfer or otherwise) to a
position in the Government Service is taken to terminate
the person's contract of employment in respect of that
position.
(6) However, a person who holds an appointment to a position that is
abolished does not, for the purposes of subsection (5) (b), cease
to be appointed to that position until:
(a) such time as the person is appointed to another position in
the Government Service, or
(b) such time as the person's employment in the Government
Service is terminated,
whichever occurs first.
(7) In this section:
work injury damages means damages recoverable from a
statutory corporation or the Government of New South Wales in
respect of injury to or the death of a person employed in a
Division of the Government Service to enable the statutory
corporation to exercise its functions caused by the negligence or
other tort of the statutory corporation or the Government and
arising out of the employment of the person by the Government,
whether the damages are recoverable in an action for tort or
breach of contract or in any other action, but does not include
motor accident damages to which Chapter 5 of the Motor
Accidents Compensation Act 1999 applies.
4J Operation of privacy legislation
Any Division of the Government Service in which staff are
employed by the Government of New South Wales under this
Chapter to enable a statutory corporation to exercise its functions
is, for the purposes of the Privacy and Personal Information
Protection Act 1998 and the Health Records and Information
Privacy Act 2002, taken to be part of the statutory corporation.
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Public Sector Employment Legislation Amendment Bill 2006
Schedule 1 Amendment of Public Sector Employment and Management Act 2002
4K Transitional provision--construction of superseded references
(1) In any other Act, or in any instrument made under any Act or in
any other instrument of any kind (whether enacted, made or
executed before or after the commencement of this section):
(a) a reference to a member of staff (however described) of a
statutory corporation (including as an officer or employee
of the corporation concerned) is to be read as including a
reference:
(i) to a member of staff of a Division of the
Government Service comprising the group of staff
who are employed under this Chapter to enable the
statutory corporation to exercise its functions, and
(ii) to any other person whose services the statutory
corporation makes use of (whether by way of
secondment or otherwise), and
(b) a reference to a position in a statutory corporation is to be
read as including a reference to the same position in the
Division of the Government Service comprising the group
of staff who are employed under this Chapter to enable the
statutory corporation to exercise its functions, and
(c) a reference to a statutory corporation in its capacity as an
employer of staff (however described) is, to the extent that
the staff concerned comprise a group of staff employed
under this Chapter to enable the statutory corporation to
exercise its functions, to be read as including a reference to
the Government of New South Wales or, as the case
requires, to the Division Head of the Division of the
Government Service in which the staff are employed, and
(d) a reference to the employment of a person under Chapter 2
of this Act is taken to include a reference to the
employment of the person under Chapter 1A of this Act.
(2) This section is subject to the regulations.
[3] Section 5
Omit the section. Insert instead:
5 Definitions
In this Chapter:
casual employee means a casual employee as referred to in
section 7.
officer means an officer as referred to in section 7.
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Public Sector Employment Legislation Amendment Bill 2006
Amendment of Public Sector Employment and Management Act 2002 Schedule 1
temporary employee means a temporary employee as referred to
in section 7, being a Departmental temporary employee or a
special temporary employee.
[4] Section 6
Omit the section. Insert instead:
6 The Public Service
(1) The Divisions of the Government Service specified in Part 1 of
Schedule 1 comprise the Public Service of New South Wales.
(2) Any such Division may be referred to as a Department (or a
Department of the Public Service) for the purposes of this or any
other Act. Accordingly, the person exercising functions as
Division Head of such a Division may be referred to as the
Department Head.
[5] Sections 9 (3) (b), 14 (2), 18 (2), 23 (3), 28 (2), 29 (3), 31 (2), 38 (1), 44
(1)(3), 56 (2), 57 (2), 77 (9), 87 (1), 89 (1), 90 (2), 91 (3) and (4) (b), 98 (6),
101 (2), 123, 124 (1) and (3) (a) and 125131
Omit "Public Employment Office" wherever occurring.
Insert instead "Director of Public Employment".
[6] Section 10 Creation of Department Head positions
Insert "Part 1 of" before "Schedule 1" wherever occurring.
[7] Section 11 Department Heads
Omit the section.
[8] Section 12 Appointments to Public Service Department Head positions
Omit "under this Chapter" from section 12 (2).
[9] Section 15 Delegation by Department Head
Omit the section.
[10] Section 17 Appointments to positions
Omit section 17 (3). Insert instead:
(3) The employment of a senior executive officer in the Public
Service is subject to Part 3.1.
[11] Sections 29 (3) and 125 (h)
Omit "it" wherever occurring. Insert instead "the Director".
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Public Sector Employment Legislation Amendment Bill 2006
Schedule 1 Amendment of Public Sector Employment and Management Act 2002
[12] Section 63 Definitions
Omit "the Health Service" from the definition of public authority in
section 63 (1).
Insert instead "the Government Service, the NSW Health Service".
[13] Section 63 (1), definition of "public authority"
Insert at the end of the definition:
Note. Most public authorities do not employ staff directly. Divisions of the
Government Service are established under this Act to provide staff to
enable statutory corporations to exercise their functions.
[14] Section 63 (2) (b)
Omit the paragraph. Insert instead:
(b) in the case of a senior executive officer in the Government
Service--the appropriate Division Head, or
[15] Sections 65 (1) (a) and 67 (a)
Omit "Public Service" wherever occurring.
Insert instead "Government Service".
[16] Section 77 Removal of executive officers from office
Omit "Department" from section 77 (3) (c).
Insert instead "Division of the Government Service".
[17] Section 77 (6A)
Insert after section 77 (6):
(6A) A member of staff of a Division of the Government Service
referred to in Part 2 of Schedule 1 who ceases to be an executive
officer because of subsection (5) ceases to be a member of the
Government Service unless appointed to another position in that
Division.
[18] Section 77 (9)
Omit "a Department". Insert instead "a Division of the Government Service".
[19] Section 77 (9)
Omit "specified Department". Insert instead "specified Division".
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Public Sector Employment Legislation Amendment Bill 2006
Amendment of Public Sector Employment and Management Act 2002 Schedule 1
[20] Section 78 Compensation etc where executive officer has no right to
return to public sector
Omit section 78 (9) (a). Insert instead:
(a) employment in the public sector is a reference to
employment in the Government Service, the Teaching
Service, the NSW Health Service, NSW Police or in the
service of a public authority, and
[21] Section 85 Definitions
Omit "Department" from the definition of public sector agency.
Insert instead "Division of the Government Service".
[22] Section 90 Dismissal of staff refusing transfer
Omit section 90 (1) (b). Insert instead:
(b) in the case of a member of staff of a Division of the
Government Service--dismiss the member from the
Government Service.
[23] Section 95 Annual leave
Omit the note to section 95 (1).
[24] Section 95 (1A)(1C)
Insert after section 95 (1):
(1A) Such an election cannot be made by an employee if the employee
is only moving between different Departments of the Public
Service.
(1B) However, such an election may, without limiting subsection (1),
be made by:
(a) an employee in a Division of the Government Service
referred to in Part 2 or 3 of Schedule 1 who is moving to
another Division (including a Department) or to any other
public sector service, or
(b) an employee in a Department who is moving to a Division
of the Government Service referred to in Part 2 or 3 of
Schedule 1.
(1C) Subsection (1B) has effect despite anything to the contrary in the
Annual Holidays Act 1944 or the Long Service Leave Act 1955.
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Schedule 1 Amendment of Public Sector Employment and Management Act 2002
[25] Section 98 Access to forfeited sick leave--transitional arrangements
Omit "Department Head in the case of a member of the Public Service" from
section 98 (4).
Insert instead "Division Head in the case of a member of the Government
Service".
[26] Section 100 Cross-agency employment
Insert "(including in a Division of the Government Service other than a
Department)" after "public sector service" in section 100 (1) (b).
[27] Section 100 (3)
Omit the subsection. Insert instead:
(3) If the person is employed in the Public Service and in any other
public sector service (including in a Division of the Government
Service other than a Department), the relevant Department Head
and the chief executive officer or Division Head (as the case
requires) of that other public sector service may determine that
the person is to be regarded as employed in the relevant
Department or in that other service or Division for the purposes
of the conditions of employment of the person.
[28] Section 100 (5)
Omit the subsection. Insert instead:
(5) For the purposes of this section, conditions of employment
include:
(a) the provisions of or made under this Act or any other Act
under which a public sector service is established, and
(b) in the case of a Division of the Government Service in
which staff are employed to enable a statutory corporation
to exercise its functions, the provisions of or made under
the Act under which the statutory corporation is
established.
[29] Section 103 Re-appointment of employees resigning to contest
Commonwealth elections
Insert after section 103 (2):
(3) If a person is employed in a Division of the Government Service
referred to in Part 2 of Schedule 1, a reference in this section to a
public sector service in relation to that person is taken to be a
reference to that Division only.
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Amendment of Public Sector Employment and Management Act 2002 Schedule 1
[30] Chapter 4
Omit the Chapter. Insert instead:
Chapter 4 Administrative changes
Part 4.1 Orders concerning Divisions of the
Government Service
104 Creation and change in relation to Divisions
(1) The Governor may by order:
(a) establish, abolish or change the name of any Division of
the Government Service (or any branch of any Division of
the Government Service), or
(b) remove a branch from any Division of the Government
Service, or
(c) add a branch to any Division of the Government Service,
Note. Any other Act may establish, abolish or change the name of a
Division of the Government Service by amendment of Schedule 1 to
insert, omit or change the name of the Division, respectively.
(2) If the Governor removes a branch from any Division of the
Government Service and adds it to another Division:
(a) so much of the staff of the first-mentioned Division as
relates to the branch become correspondingly part of the
staff of the other Division, and
(b) the staff of the branch continue to occupy their positions in
the branch but as members of the staff of that other
Division.
(3) In this section, branch means a branch or other part of a Division
of the Government Service.
105 Other orders in relation to Divisions
The Governor may, by order, do any of the following:
(a) amend Column 1 of any Part of Schedule 1 by inserting,
omitting or changing the name of a Division of the
Government Service,
(b) amend Column 2 of any Part of Schedule 1 by inserting the
title or other description of an office or position opposite
an entry in Column 1 of the Part, or by omitting or
amending a title or other description in Column 2 of the
Part,
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Schedule 1 Amendment of Public Sector Employment and Management Act 2002
(c) specify, in the case of a Division referred to in Part 2 of
Schedule 1, that the Division is a Division to which
section 4H applies,
(d) remove any such specification in relation to a Division
referred to in Part 2 of Schedule 1,
(e) specify, in the case of a Division referred to in Part 3 of
Schedule 1, limitations with respect to which the
employment of staff in the Division are subject,
(f) amend or remove any such specified limitations in relation
to a Division referred to in Part 3 of Schedule 1,
(g) omit any or all Parts of Schedule 1 and insert instead a Part
or Parts containing in Column 1 the names of Divisions of
the Government Service (and any other matter relating to
them that may be the subject of an order under this
Chapter) and containing in Column 2 the titles or other
descriptions of offices or positions.
106 Orders specifying responsible Minister
The Governor may by order specify the Minister who is to be
responsible for a Division of the Government Service.
Part 4.2 Other administrative changes orders
107 Definitions
In this Part:
administrative change means:
(a) the fact of there ceasing to be a Minister, Division of the
Government Service or officer of a particular description,
or
(b) the transfer of the administration of an Act, or a part of an
Act, from a Minister to another Minister, or
(c) the transfer of a function from a Minister, Division of the
Government Service or officer to another Minister,
Division or officer, respectively.
description includes title.
Division of the Government Service includes any branch or other
part of a Division.
officer means a member of staff of a Division of the Government
Service.
reference, in relation to a Minister, Division of the Government
Service or officer, includes a reference that (whether by or under
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Public Sector Employment Legislation Amendment Bill 2006
Amendment of Public Sector Employment and Management Act 2002 Schedule 1
this or any other Act) is to be read or construed as, or taken to be,
or deemed to be, or otherwise treated as, a reference to that
Minister, Division or officer.
statutory instrument means an instrument made under an Act or
under an instrument made under an Act, and includes a
regulation, rule, by-law or ordinance made under an Act.
108 Orders to change references in Acts
(1) The Governor may make orders containing provisions requiring
a reference in any Act or statutory instrument, or in any other
instrument, or in any contract or agreement, to a Minister,
Division of the Government Service or officer by a specified
description to be construed as a reference to a Minister, Division
or officer, respectively, by another specified description.
(2) Such a provision does not apply to or in respect of any Act or
statutory instrument, or any other instrument, or any contract or
agreement, enacted, made or entered into after the date of
publication in the Gazette of the order in which the provision is
contained, or the date on which the provision takes effect,
whichever is the later.
(3) An order under this section need not be consequential on or
incidental to administrative change.
109 Orders re administrative change and other matters
(1) The Governor may make orders containing such provisions as in
the opinion of the Governor are necessary or convenient to be
made for the purpose of dealing with matters that are incidental
to or consequential on administrative change, the making of an
order under this Part or a requirement imposed by an order under
this Part.
(2) The provisions that may be made by an order under this section
include provisions for the transfer of any property, rights and
liabilities held, enjoyed or incurred by a superseded authority,
and provisions of a transitional or savings nature, including any
of the following provisions:
(a) provisions for the carrying on or completion of anything
commenced by, or under the authority of, or in relation to,
a superseded authority,
(b) provisions for the continuity of any body constituted by, or
having amongst its members, a superseded authority,
(c) provisions for the substitution, in any legal proceedings, of
a Minister or officer for a superseded authority.
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(3) In this section:
superseded authority means a Minister, Division of the
Government Service or officer who is, or whose description is,
the subject of an order under this Part.
Part 4.3 Requirements concerning orders
110 Publication and commencement of orders
(1) An order under this Chapter is to be published in the Gazette.
(2) The order takes effect on the date of its publication in the Gazette,
or on such other date as may be specified in the order. The
commencement date can be a date that is earlier than the date of
publication of the order in the Gazette.
111 Limited, general and differential application of orders
An order under this Chapter may be made so as:
(a) to apply generally or be limited in its application by
reference to specified exceptions or factors, or
(b) to apply differently according to different factors of a
specified kind.
112 Operation of orders
(1) An order under this Chapter does not invalidate anything done or
omitted to be done before the date of its publication in the
Gazette.
(2) To the extent to which an order under this Chapter takes effect
from a date that is earlier than the date of its publication in the
Gazette, the order does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than
the State or an authority of the State), the rights of that
person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or
an authority of the State) in respect of anything done or
omitted to be done before the date of its publication.
113 Combination orders
An order may be made under this Chapter combining any 2 or
more of the provisions authorised by this Chapter, including
provisions authorised under different sections.
Page 18
Public Sector Employment Legislation Amendment Bill 2006
Amendment of Public Sector Employment and Management Act 2002 Schedule 1
[31] Section 114 Definitions
Omit section 114 (3) (a). Insert instead:
(a) employment in the public sector is a reference to
employment:
(i) as an officer of the Public Service or the Teaching
Service, or
(ii) as a member of NSW Police, or
(iii) as a member of staff of a Division of the
Government Service referred to in Part 2 of
Schedule 1, or
(iv) in the service of a public authority established by or
under an Act, and
[32] Chapter 6, heading
Omit "Public Employment Office".
Insert instead "Director of Public Employment".
[33] Part 6.1, heading
Omit "Constitution and management".
Insert instead "Position of Director of Public Employment".
[34] Section 121
Omit the section. Insert instead:
121 Director of Public Employment
(1) There is to be a Director of Public Employment. The position of
Director of Public Employment is to be held by the
Director-General of the Premier's Department.
(2) The Director of Public Employment has such functions as are
conferred or imposed on the Director by or under this or any other
Act.
[35] Section 122 Director-General of Premier's Department to manage affairs
of Office
Omit the section.
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Public Sector Employment Legislation Amendment Bill 2006
Schedule 1 Amendment of Public Sector Employment and Management Act 2002
[36] Section 124 Delegation by Director of Public Employment
Omit section 124 (3) (b) (ii). Insert instead:
(ii) a reference to a person holding an appointment to or
in a body or organisation having functions that are
exercised by the staff of that Department.
[37] Section 126 Reports on personnel practices and policies in public sector
services
Insert after section 126 (3):
(4) In this section:
(a) a reference to a public sector service includes, in the case
of the Government Service, a reference to a Division of the
Government Service, and
(b) a reference to the head of a public sector service that is a
Division of the Government Service includes a reference
to the Division Head.
[38] Section 131 Director of Public Employment may enter into agreements
Omit "that Office" from section 131 (4). Insert instead "the Director".
[39] Section 132
Omit the section. Insert instead:
132 Authorised officer may enter Department's premises etc
(1) An authorised officer may:
(a) enter the premises of any Department, and
(b) require the production of and examine any documents in
the custody of any member of the staff of any Department,
and
(c) require any member of the staff of any Department to
answer questions,
for the purposes of enabling the Director of Public Employment
to exercise the Director's functions.
(2) In this section:
authorised officer means:
(a) the Director of Public Employment, or
(b) any member of staff of a Department who is appointed by
the Director of Public Employment as an authorised officer
for the purposes of this section.
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Public Sector Employment Legislation Amendment Bill 2006
Amendment of Public Sector Employment and Management Act 2002 Schedule 1
[40] Part 6.4 Declared authorities industrial relations functions
Omit the Part.
[41] Sections 141(2) and 159 (1), (3) and (6)
Omit "Department" wherever occurring.
Insert instead "Division of the Government Service".
[42] Schedule 1
Omit the Schedule. Insert instead:
Schedule 1 Divisions of the Government Service
(Sections 4C, 4D, 6, 10 and 105)
Part 1 Public Service Departments
Column 1 Column 2
Name of Division Division Head
Department of Aboriginal Affairs Director-General of the Department
Aboriginal Housing Office Group of Staff Chief Executive Officer of the Aboriginal
Housing Office
Department of Ageing, Disability and Director-General of the Department
Home Care
Department of the Arts, Sport and Director-General of the Department
Recreation
Attorney General's Department Director-General of the Department
Office of the Board of Studies General Manager of the Office
The Cabinet Office Director-General of the Office
Office of the Commission for Children * Commissioner for the Commission for
and Young People Children and Young People
Office of the Children's Guardian * Children's Guardian
Department of Commerce Director-General of the Department
Office of the Community Relations Chairperson of the Commission
Commission
Department of Community Services Director-General of the Department
Office of the Co-ordinator General of Co-ordinator General of Rail
Rail
Page 21
Public Sector Employment Legislation Amendment Bill 2006
Schedule 1 Amendment of Public Sector Employment and Management Act 2002
Column 1 Column 2
Name of Division Division Head
Department of Corrective Services Commissioner of Corrective Services
Office of the New South Wales Crime * Commissioner for the New South
Commission Wales Crime Commission
Office of the Director of Public * Director of Public Prosecutions
Prosecutions
Department of Education and Training Director-General of the Department
Department of Energy, Utilities and Director-General of the Department
Sustainability
Department of Environment and Director-General of the Department
Conservation
Office of the NSW Food Authority Director-General of the Authority
Department of Health Director-General of the Department
Office of the Health Care Complaints * Commissioner of the Health Care
Commission Complaints Commission
Department of Housing Director-General of the Department
Office of the Institute of Teachers Chief Executive of the Institute
Department of Juvenile Justice Director-General of the Department
Department of Lands Director-General of the Department
Office of the Legal Aid Commission * Chief Executive Officer of the
Commission
Department of Local Government Director-General of the Department
Office of the Motor Accidents Authority General Manager of the Authority
Department of Natural Resources Director-General of the Department
New South Wales Fire Brigades Commissioner of New South Wales Fire
Brigades
NSWbusinesslink Managing Director, NSWbusinesslink
Ombudsman's Office * Ombudsman
Department of Planning Director-General of the Department
Ministry for Police Director-General of the Ministry
Office of the Police Integrity Commission * Commissioner for the Police Integrity
Commission
Premier's Department Director-General of the Department
Page 22
Public Sector Employment Legislation Amendment Bill 2006
Amendment of Public Sector Employment and Management Act 2002 Schedule 1
Column 1 Column 2
Name of Division Division Head
Department of Primary Industries Director-General of the Department
Office of the RedfernWaterloo Chief Executive Officer of the Authority
Authority
Office of the Rural Assistance Authority * Chief Executive of the Authority
Department of Rural Fire Service Commissioner of the NSW Rural Fire
Service
Department of State and Regional Director-General of the Department
Development
State Electoral Office * Electoral Commissioner
State Emergency Service Director-General of the Service
Office of the Sydney Harbour Foreshore Chief Executive Officer of the Authority
Authority
Office of the Sydney Olympic Park Chief Executive Officer of the Authority
Authority
Office of the Sydney 2009 World Masters Chief Executive Officer of SWMGOC
Games Organising Committee
Ministry of Transport Director-General of the Ministry
The Treasury Secretary of the Treasury
Office of the WorkCover Authority Chief Executive Officer of the Authority
Note. The positions above marked with an asterisk are positions that are created by
another Act and are not Public Service positions. The other positions are created by
this Act (see section 10) and are Public Service positions.
Part 2 Non-Public Service Divisions assigned to
statutory corporations
Note. The Divisions listed in this Part that are marked with an asterisk are the Divisions
to which section 4H (Division Heads of certain Divisions to comply with directions of
Director of Public Employment on industrial matters) applies.
Column 1 Column 2
Name of Division Division Head
Benerembah Irrigation District Full-time member of the Benerembah
Environment Protection Trust Division Irrigation District Environment
Protection Trust
Page 23
Public Sector Employment Legislation Amendment Bill 2006
Schedule 1 Amendment of Public Sector Employment and Management Act 2002
Column 1 Column 2
Name of Division Division Head
Cancer Institute Division Director-General of the Department of
Health
Casino Control Authority Division Chief Executive of the Casino Control
Authority
* Cobar Water Board Division Full-time member of the Cobar Water
Board
* Greyhound and Harness Racing Chief Executive of the Greyhound and
Regulatory Authority Division Harness Racing Regulatory Authority
Health Professional Registration Boards Director-General of the Department of
Division Health
* Home Care Service Division Director-General of the Department of
Ageing, Disability and Home Care
Independent Transport Safety and Chief Executive of the Independent
Reliability Regulator Division Transport Safety and Reliability
Regulator
Institute of Sport Division Chief Executive Officer of the Institute of
Sport (and the Chairperson of the Board
of the Institute in relation to the Chief
Executive Officer)
Internal Audit Bureau Division Chief Executive of the Internal Audit
Bureau of New South Wales
Jenolan Caves Reserve Trust Division General Manager of the Jenolan Caves
Reserve Trust (and the Chairperson of the
Jenolan Caves Reserve Trust Board in
relation to the General Manager)
Parramatta Stadium Trust Division Chief Executive Officer of the Parramatta
Stadium Trust (and the Chairperson of the
Trust in relation to the Chief Executive
Officer)
* Roads and Traffic Authority Division Chief Executive of the Roads and Traffic
Authority
Rural Lands Protection Boards Division Chief Executive Officer of the State
Council of Rural Lands Protection Boards
(and the Chairperson of the State Council
in relation to the Chief Executive Officer)
* SAS Trustee Corporation Division Chief Executive of the SAS Trustee
Corporation
Page 24
Public Sector Employment Legislation Amendment Bill 2006
Amendment of Public Sector Employment and Management Act 2002 Schedule 1
Column 1 Column 2
Name of Division Division Head
State Council of Rural Lands Protection Chairperson of the State Council of Rural
Boards Division Lands Protection Boards
State Sports Centre Trust Division Director of the State Sports Centre Trust
(and the Chairperson of the Trust in
relation to the Director)
* State Transit Authority Division Chief Executive of the State Transit
Authority
Sydney Catchment Authority Division Chief Executive of the Sydney Catchment
Authority
Sydney Cricket and Sports Ground Trust Secretary of the Sydney Cricket and
Division Sports Ground Trust (and the Chairperson
of the Trust in relation to the Secretary)
* TAFE Commission Division Managing Director of the TAFE
Commission
Treasury Corporation Division Chief Executive of the Treasury
Corporation
Upper Parramatta River Catchment Trust Director-General of the Department of
Division Natural Resources
* Waterways Authority Division Chief Executive of the Waterways
Authority
Western Sydney Buses Division Manager of Western Sydney Buses (and
the Chief Executive of the State Transit
Authority in relation to the Manager)
Wild Dog Destruction Board Division Chairperson of the Wild Dog Destruction
Board
Wollongong Sportsground Trust Division Chief Executive Officer of the
Wollongong Sportsground Trust (and the
Chairperson of the Trust in relation to the
Chief Executive Officer)
* Zoological Parks Board Division Director of the Zoological Parks Board
Page 25
Public Sector Employment Legislation Amendment Bill 2006
Schedule 1 Amendment of Public Sector Employment and Management Act 2002
Part 3 Special Employment Divisions
Note. The employment of staff in a Division listed in this Part is subject to the limitations
specified in relation to that staff (see section 4C (3)). These Divisions comprise ancillary
groups of staff who are not part of the Public Service but who are employed under
Chapter 1A in connection with a statutory corporation that, in most cases, also has
Public Service staff assigned to it.
Column 1 Column 2
Name of Division Division Head
Board of Studies Casual Staff Division General Manager of the Office of the
(limited to casual staff employed Board of Studies
otherwise than under Chapter 2 of this
Act for the purposes of marking
examinations or for any other purpose
approved by the Minister administering
the Education Act 1990)
Board of Studies Inspectors Division General Manager of the Office of the
(limited to temporary staff employed Board of Studies
otherwise than under Chapter 2 of this
Act for the purposes of developing the
school curriculum, exercising functions
in connection with approvals,
registrations and accreditations under
Parts 7 and 8 of the Education Act 1990
and exercising such other functions as
may be conferred on Board inspectors
under that Act or as may be determined by
the Board of Studies)
Boxing Authority Casual Staff Division Chairperson of the Boxing Authority
(limited to casual staff employed
otherwise than under Chapter 2 of this
Act for any purpose approved by the
Minister administering the Boxing and
Wrestling Control Act 1986)
Building and Construction Industry Long Chief Executive Officer of the
Service Payments Corporation Casual WorkCover Authority
Staff Division (limited to casual staff
employed otherwise than under Chapter 2
of this Act with the approval of the
Minister administering the Building and
Construction Industry Long Service
Payments Act 1986)
Energy Corporation Division (limited to Director-General of the Department of
staff employed with the approval of the Energy, Utilities and Sustainability
Minister administering the Energy and
Utilities Administration Act 1987)
Page 26
Public Sector Employment Legislation Amendment Bill 2006
Amendment of Public Sector Employment and Management Act 2002 Schedule 1
Column 1 Column 2
Name of Division Division Head
Environment Protection Authority Director-General of the Department of
Special Purpose Division (limited to staff Environment and Conservation
employed for any special purpose
approved by the Minister administering
the Protection of the Environment
Administration Act 1991)
Forestry Commission Division (limited to Director-General of the Department of
staff employed on a casual basis Primary Industries
otherwise than under Chapter 2 of this
Act and to trade and field staff engaged in
forestry work)
Game Council Division (limited to staff Chairperson of the Game Council
who are not subject to Chapter 2 of this
Act)
Independent Pricing and Regulatory Chairperson of the Independent Pricing
Tribunal Division (limited to staff who and Regulatory Tribunal
are not subject to Chapter 2 of this Act)
Institute of Teachers Special Purpose Chief Executive of the Institute of
Division (limited to staff employed for Teachers
any special purpose approved by the
Minister administering the Institute of
Teachers Act 2004)
Legal Aid Commission Temporary Staff Chief Executive Officer of the Legal Aid
Division (limited to staff employed on a Commission
temporary basis otherwise than under
Chapter 2 of this Act with the approval of
the Director of Public Employment)
Motor Accidents Authority Casual Staff General Manager of the Motor Accidents
Division (limited to staff employed on a Authority
casual basis otherwise than under Chapter
2 of this Act)
Natural Resources Commission Division Commissioner for the Natural Resources
(limited to staff who are not subject to Commission
Chapter 2 of this Act)
New South Wales Crime Commission Commissioner for the New South Wales
Division (limited to staff who are not Crime Commission
subject to Chapter 2 of this Act)
Page 27
Public Sector Employment Legislation Amendment Bill 2006
Schedule 1 Amendment of Public Sector Employment and Management Act 2002
Column 1 Column 2
Name of Division Division Head
NSW Institute of Psychiatry Division Director-General of the Department of
(limited to staff, employed with the Health
approval of the Minister administering
the New South Wales Institute of
Psychiatry Act 1964, having such
medical, scientific or technical or other
para-medical qualifications as may be
necessary for carrying out the provisions
of that Act)
Police Integrity Commission Division Commissioner for the Police Integrity
(limited to staff who are not subject to Commission
Chapter 2 of this Act)
Rental Bond Board Special Purpose Director-General of the Department of
Division (limited to staff employed for Commerce
any special purpose approved by the
Minister administering the Landlord and
Tenant (Rental Bonds) Act 1977)
Sydney Harbour Foreshore Authority Chief Executive Officer of the Sydney
Casual Staff Division (limited to staff Harbour Foreshore Authority
employed on a casual basis otherwise
than under Chapter 2 of this Act)
Sydney Olympic Park Authority Casual Chief Executive Officer of the Sydney
Staff Division (limited to staff employed Olympic Park Authority
on a casual basis otherwise than under
Chapter 2 of this Act)
SWMGOC Division (limited to staff Chief Executive Officer of SWMGOC
employed with the approval of the
Minister administering the Sydney 2009
World Masters Games Organising
Committee Act 2005)
TELCO Special Purpose Division Managing Director of the New South
(limited to staff employed for any special Wales Government Telecommunications
purpose approved by the Minister Authority
administering the Government
Telecommunications Act 1991)
Tourism New South Wales Division General Manager of Tourism New South
(limited to staff employed with the Wales
approval of the Minister administering
the Tourism New South Wales Act 1984)
Page 28
Public Sector Employment Legislation Amendment Bill 2006
Amendment of Public Sector Employment and Management Act 2002 Schedule 1
Column 1 Column 2
Name of Division Division Head
Vocational Education and Training Director-General of Department of
Accreditation Board Division (limited to Education and Training
staff who are not subject to Chapter 2 of
this Act)
WorkCover Authority Casual Staff Chief Executive Officer of the
Division (limited to casual staff employed WorkCover Authority
otherwise than under Chapter 2 of this
Act with the approval of the Minister
administering the Workplace Injury
Management and Workers Compensation
Act 1998)
[43] Schedule 2 Executive positions (other than non-statutory SES positions)
Insert "Part 1 of" before "Schedule 1" in Part 1 (Chief executive positions
(Department Heads)).
[44] Schedule 2, Part 3
Omit "Chief Executive Officer of the Ambulance Service Board".
[45] Schedule 3, heading
Insert "in the Public Service" after "employees".
[46] Schedule 3A Recognition of prior government service for public sector
employees extended leave entitlements
Omit the note to clause 8 (1).
[47] Schedule 3A, clause 8 (1A)(1C)
Insert after clause 8 (1):
(1A) Such an election cannot be made by a public sector employee if
the employee is only moving between different Departments of
the Public Service.
(1B) However, such an election may, without limiting subclause (1),
be made by:
(a) an employee in a Division of the Government Service
referred to in Part 2 or 3 of Schedule 1 who is moving to
another Division (including a Department) or to any other
public sector service, or
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Public Sector Employment Legislation Amendment Bill 2006
Schedule 1 Amendment of Public Sector Employment and Management Act 2002
(b) an employee in a Department who is moving to a Division
of the Government Service referred to in Part 2 or 3 of
Schedule 1.
(1C) Subclause (1B) has effect despite anything to the contrary in the
Annual Holidays Act 1944 or the Long Service Leave Act 1955.
[48] Schedule 4 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Public Sector Employment Legislation Amendment Act 2006
[49] Schedule 4, Part 4
Insert after Part 3:
Part 4 Provisions consequent on enactment of
Public Sector Employment Legislation
Amendment Act 2006
18 Definition
In this Part:
amending Act means the Public Sector Employment Legislation
Amendment Act 2006.
19 Existing staff of statutory corporations
(1) A person who, immediately before the commencement of
Chapter 1A (as inserted by the amending Act), was employed as
a member of staff (however described) of a statutory corporation
under an Act amended by Schedule 4 to the amending Act:
(a) ceases, on that commencement, to be employed by the
statutory corporation, and
(b) is taken, on that commencement, to be a member of staff
of the Division of the Government Service that comprises
the group of staff who are employed under that Chapter to
enable the statutory corporation to exercise its functions.
Note. Subclause (1) only applies to staff who were employed by a
statutory corporation and does not apply to existing departmental staff in
the Public Service who, immediately before the relevant
commencement, comprised a group of staff attached to a statutory
corporation. Clause 25 of this Part deals with existing departmental staff.
(2) Any such person who, under subclause (1), becomes a member of
staff of a Division of the Government Service is, until such time
as provision is otherwise made under this Act or any other law, to
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Public Sector Employment Legislation Amendment Bill 2006
Amendment of Public Sector Employment and Management Act 2002 Schedule 1
continue to be employed in accordance with the terms and
conditions (including the terms of any State industrial instrument
or of any determination made under any other Act) that applied
to the person as a member of staff of the statutory corporation
concerned.
(3) If an award under the Workplace Relations Act 1996 of the
Commonwealth (the Federal award) applied to the person
concerned as a member of staff of the statutory corporation
immediately before the commencement of Chapter 1A, a State
industrial instrument in the nature of an award is taken to have
been created in the same terms as the Federal award and is taken
to apply to the person for the purposes of subclause (2).
(4) If a certified agreement under the Workplace Relations Act 1996
of the Commonwealth (the Federal agreement) applied to the
person concerned as a member of staff of the statutory
corporation immediately before the commencement of Chapter
1A, a State industrial instrument in the nature of an enterprise
agreement is taken to have been created in the same terms as the
Federal agreement and is taken to apply to the person for the
purposes of subclause (2).
(5) The terms of any such instrument created as provided by
subclause (3) or (4) have effect despite anything to the contrary
in the Annual Holidays Act 1944, the Long Service Leave Act
1955, the Industrial Relations Act 1996 or any other law of the
State.
(6) A person who, under subclause (1), becomes a member of staff
of a Division of the Government Service is, for the purposes of
clause 21, taken to have been transferred to that Division from the
statutory corporation concerned.
(7) This clause does not apply in relation to a person holding office:
(a) as Chief Executive of the Greyhound and Harness Racing
Regulatory Authority, or
(b) as the Director of the Zoological Parks Board,
immediately before the commencement of Chapter 1A.
(8) This clause extends to persons who were, immediately before the
commencement of Chapter 1A, employed as members of staff of
Western Sydney Buses.
(9) This clause is subject to the provisions of this Act and the
regulations.
Page 31
Public Sector Employment Legislation Amendment Bill 2006
Schedule 1 Amendment of Public Sector Employment and Management Act 2002
20 Transfer of TAFE administrative staff
(1) On the commencement of Chapter 1A, each person who was,
immediately before that commencement, a member of the TAFE
administrative staff is transferred to the Department of Education
and Training.
(2) In this clause:
TAFE administrative staff means the staff of the TAFE
Commission other than the staff comprising either or both of the
following:
(a) teaching or educational staff,
(b) institute managers.
21 Provisions relating to transferred staff
(1) A person who is transferred under clause 19 or 20:
(a) retains any rights to annual leave, extended or long service
leave, sick leave, and other forms of leave, accrued or
accruing in his or her employment with the statutory
corporation from which the person is transferred, and
(b) is not entitled to receive any payment or other benefit
merely because the person ceases to be a member of staff
of the statutory corporation from which the person is
transferred, and
(c) is not entitled to claim, both under this Act or any other
Act, dual benefits of the same kind for the same period of
service.
(2) Without limiting subclause (1), a person who is transferred under
clause 19 or 20 is not, despite any other provision of this Act,
entitled to elect, because of that transfer, to be paid the money
value of any extended or annual leave that the person accrued as
a member of staff of the statutory corporation from which the
person is transferred.
22 Abolition of Public Employment Office
(1) The Public Employment Office is abolished.
(2) A reference, in any other Act, or in any instrument made under
any Act or in any other instrument of any kind, to the Public
Employment Office is to be read as a reference to the Director of
Public Employment.
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Public Sector Employment Legislation Amendment Bill 2006
Amendment of Public Sector Employment and Management Act 2002 Schedule 1
23 Declared authorities industrial relations functions
(1) Part 6.4 (as in force immediately before its repeal by the
amending Act) continues to apply to and in respect of:
(a) the State Rail Authority (as referred to in Schedule 8 to the
Transport Administration Act 1988) until such time as that
Authority ceases to employ any staff under that Schedule,
and
(b) FSS Trustee Corporation until the registration day as
referred to in clause 1 of Schedule 2A to the
Superannuation Administration Act 1996.
(2) The provisions of any other Act that would have applied to a
statutory corporation if Part 6.4 was in force continue to apply to
the corporation for so long as Part 6.4 continues to apply to the
corporation as provided by subclause (1).
24 Ministerial responsibility for Divisions of the Government Service
Until such time as provision is otherwise made under section 106
in relation to the Division concerned, a Division of the
Government Service in which staff are employed under Chapter
1A to enable a statutory corporation to exercise its functions is
responsible to the Minister who is responsible for administering
the Act under which the corporation is constituted.
25 Existing staff of Public Service Departments
(1) The substitution of Schedule 1 by the amending Act does not
affect:
(a) a person's appointment to a position in the Public Service
held by the person immediately before that substitution, or
(b) the terms and conditions on which the person was
employed in a Department immediately before that
substitution.
(2) A reference in any other Act or instrument to a Department (as
listed in Schedule 1 immediately before the substitution of that
Schedule by the amending Act) is, if the name of the Department
is modified by the amending Act, taken to be a reference to the
Department as so modified.
26 Existing workers compensation policies of insurance and
self-insurer's licences
(1) A policy of insurance issued to a statutory corporation under the
Workers Compensation Act 1987 and in force immediately
before the commencement of Chapter 1A is also taken to have
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Public Sector Employment Legislation Amendment Bill 2006
Schedule 1 Amendment of Public Sector Employment and Management Act 2002
been issued to the Government of New South Wales (but only as
a policy that is limited to workers employed in a Division of the
Government Service to enable the statutory corporation to
exercise its functions).
(2) A licence under Division 5 of Part 7 of the Workers
Compensation Act 1987 granted to a statutory corporation and in
force immediately before the commencement of Chapter 1A is
also taken to have been issued to the Government of New South
Wales (but only as a self-insurer's licence that is limited to
workers employed in a Division of the Government Service to
enable the statutory corporation to exercise its functions).
Page 34
Public Sector Employment Legislation Amendment Bill 2006
Amendment of Health Services Act 1997 Schedule 2
Schedule 2 Amendment of Health Services Act 1997
(Section 4)
[1] Section 4 Objects of Act
Omit section 4 (g). Insert instead:
(g) to require visiting practitioners and staff in the public
health system to disclose any charge or conviction for a
serious sex or violence offence or of a misconduct finding
(such as findings of professional misconduct or
unsatisfactory professional conduct), and
[2] Section 4 (h)
Omit "staff members of public health organisations".
Insert instead "staff in the public health system".
[3] Chapters 25, 9 and 10
Omit the introduction to each Chapter.
[4] Section 6 What is the public health system?
Omit section 6 (d). Insert instead:
(d) the Director-General in respect of the provision of
ambulance services under Chapter 5A and the provision of
health support services under Part 1A of Chapter 10.
[5] Section 16 Who constitutes the NSW Health Service?
Omit the section (including the note at the end of the section).
[6] Section 22 Provisions relating to the corporate nature of area health
services
Insert at the end of the section:
(2) However, an area health service cannot employ any staff.
Note. Staff may be employed under Part 1 of Chapter 9 in the NSW
Health Service to enable an area health service to exercise its functions.
[7] Section 23 Appointment of chief executive
Omit section 23 (2). Insert instead:
(2) The employment of the chief executive is subject to Part 3 of
Chapter 9.
Note. Under Part 3 of Chapter 9, the chief executive is a member of the
Health Executive Service.
Page 35
Public Sector Employment Legislation Amendment Bill 2006
Schedule 2 Amendment of Health Services Act 1997
[8] Section 23 (3)
Omit the subsection (and the note to the subsection).
[9] Section 33 Staff of area health services
Omit the section.
[10] Section 39 Area health service may make by-laws
Omit section 39 (1) (d).
[11] Section 40 Delegations by area health service
Omit "of its officers or employees" from section 40 (1).
Insert instead "member of the NSW Health Service".
[12] Section 40 (4)
Omit the subsection.
[13] Section 45 Provisions relating to the corporate nature of statutory health
corporations
Insert at the end of the section:
(2) However, a statutory health corporation cannot employ any staff.
Note. Staff may be employed under Part 1 of Chapter 9 in the NSW
Health Service to enable a statutory health corporation to exercise its
functions.
[14] Section 49 Membership of health corporation board
Omit section 49 (2). Insert instead:
(2) One of the persons appointed by the Minister is to be a member
of the NSW Health Service who is employed in connection with
the board governed health corporation concerned.
[15] Section 51 Appointment of chief executive
Omit section 51 (2)(5). Insert instead:
(2) If the position of chief executive is an executive position within
the meaning of Part 3 of Chapter 9, the employment of the chief
executive is subject to that Part.
(3) If the position of chief executive is not an executive position
within the meaning of Part 3 of Chapter 9, the chief executive is,
while holding that office, to be employed under Part 1 of Chapter
9 in the NSW Health Service.
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Public Sector Employment Legislation Amendment Bill 2006
Amendment of Health Services Act 1997 Schedule 2
[16] Section 52 Removal of members and appointment of administrator
Omit section 52 (7).
[17] Section 52A Appointment of chief executive
Omit section 52A (2)(4). Insert instead:
(2) If the position of chief executive is an executive position within
the meaning of Part 3 of Chapter 9, the employment of the chief
executive is subject to that Part.
(3) If the position of chief executive is not an executive position
within the meaning of Part 3 of Chapter 9, the chief executive:
(a) is, while holding that office, taken to be employed under
Part 1 of Chapter 9 in the NSW Health Service, and
(b) may at any time, for any reason or no reason and without
notice, be removed from office by the Director-General.
[18] Section 54 Staff of statutory health corporations
Omit the section.
[19] Section 60 Statutory health corporation may make by-laws
Omit section 60 (1) (d).
[20] Section 61 Delegations by statutory health corporations
Omit "of its officers or employees" from section 61 (1).
Insert instead "member of the NSW Health Service".
[21] Section 61 (4)
Omit the subsection. Insert instead:
(4) For the purposes of this section, the functions of a board
governed health corporation include the functions of its health
corporation board.
[22] Section 62A
Insert after section 62:
62A Declared affiliated health organisations
(1) The affiliated health organisations specified in the regulations
under this section are declared affiliated health organisations
for the purposes of this Act.
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(2) Any such regulation may apply only to such of the recognised
establishments or recognised services (or parts of them) of an
affiliated health organisation as are specified in the regulation. In
any such case, the organisation concerned is a declared affiliated
health organisation for the purposes of this Act only to the extent
of its recognised establishments or services (or parts of them) that
are so specified.
(3) A declared affiliated health organisation must not employ any
staff in respect of its recognised establishments and recognised
services.
Note. Staff may be employed under Part 1 of Chapter 9 in the NSW
Health Service to enable a declared affiliated health organisation to
exercise its functions in respect of its recognised establishments and
recognised services.
(4) However, nothing in this section prevents a declared affiliated
health organisation from entering into arrangements for the
management, on its behalf, of its recognised establishments or
recognised services.
(5) A regulation cannot be made under this section in relation to an
affiliated health organisation except with the concurrence of the
affiliated health organisation.
[23] Section 63 Affiliated health organisations may make by-laws
Insert after section 63 (1):
(1A) Subsection (1) (e) does not apply in relation to a declared
affiliated health organisation.
[24] Section 63A
Insert after section 63:
63A Criminal and disciplinary matters concerning employees of
non-declared affiliated health organisations
(1) In this section, non-declared organisation means an affiliated
health organisation that is not a declared affiliated health
organisation.
(2) The provisions of Part 2 of Chapter 9 apply, with such
modifications as are necessary, to and in respect of a
non-declared organisation and its employees in the same way as
those provisions apply to and in respect of a declared affiliated
health organisation and the members of the NSW Health Service
who are employed under Part 1 of Chapter 9 in connection with
the declared affiliated health organisation.
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[25] Section 64A
Insert after section 64:
64A Regulations relating to movement of staff between NSW Health
Service and non-declared affiliated health organisations
(1) This section does not apply to or in respect of a declared affiliated
health organisation.
(2) The regulations may make provision for or with respect to the
movement of staff between affiliated health organisations and the
NSW Health Service.
(3) Without limiting subsection (2), any such regulations may
provide for:
(a) the retention by any such staff of their accrued leave
entitlements, and
(b) the apportioning of the liability for the cost of accrued
leave entitlements of staff who move between affiliated
health organisations and the NSW Health Service.
(4) The Minister may give directions to an affiliated health
organisation for the purpose of making due allowance and
appropriate adjustments for liabilities incurred by reason of the
operation of any regulation made under this section (or liabilities
with respect to accrued leave entitlements generally). Any such
direction has effect despite any determination made in respect of
the affiliated health organisation under section 127.
[26] Chapter 5A
Insert after Chapter 5:
Chapter 5A Ambulance services
67A Ambulance Service of NSW
(1) The Ambulance Service of NSW comprises those staff of the
NSW Health Service who are employed primarily in connection
with the provision of ambulance services under this Chapter.
(2) The Director-General may appoint a chief executive of the
Ambulance Service of NSW.
(3) The employment of the chief executive is subject to Part 3 of
Chapter 9.
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67B Provision etc of ambulance services
(1) The Director-General has, on behalf of the Crown, the following
functions:
(a) to provide, conduct, operate and maintain ambulance
services,
(b) to co-operate with or provide assistance to any person or
organisation for the purposes of providing, conducting,
operating and maintaining ambulance services,
(c) in connection with ambulance services referred to in
paragraph (a), to protect persons from injury or death,
whether or not those persons are sick or injured,
(d) to adopt and implement all necessary measures (including
systems of planning, management and quality control) as
will best ensure the efficient and economic operation and
use of resources in the provision of ambulance services,
(e) to consult and co-operate with individuals and
organisations (including voluntary agencies, private
agencies and public or local authorities) concerned with
the provision of ambulance services,
(f) to co-ordinate and plan the future development of
ambulance services, and towards that end, to support,
encourage and facilitate the organisation of community
involvement in the planning of those services,
(g) to set objectives and determine priorities in relation to the
provision of ambulance services and to monitor whether
those objectives are achieved,
(h) to achieve and maintain adequate standards of ambulance
services,
(i) to make available to the public reports, information and
advice concerning the operation of ambulance services,
(j) to provide assistance to, or co-operate with, any person or
organisation in connection with the depiction of
ambulance services in the news or entertainment media,
(k) to exercise such other functions in relation to ambulance
services as may be conferred or imposed on the
Director-General by the regulations.
(2) The exercise of functions under this section in emergencies and
rescue operations is subject to the State Emergency and Rescue
Management Act 1989.
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67C Ambulance Services Advisory Council
(1) There is established by this Act an Ambulance Services Advisory
Council.
(2) The members of the Advisory Council are as follows:
(a) the chief executive of the Ambulance Service of NSW,
(b) not fewer than 8 and not more than 12 persons appointed
by the Minister.
(3) At least 3 of the appointed members are to be members of the
Ambulance Service of NSW.
(4) The other appointed members must each have such qualifications
as the Minister considers necessary to enable the members to
carry out their functions.
(5) The function of the Advisory Council is to provide advice to the
Director-General in relation to the exercise of the
Director-General's functions under this Chapter in relation to the
provision of ambulance services.
(6) The Advisory Council has such other functions as may be
conferred or imposed on it by the Director-General.
(7) Schedule 6 has effect with respect to the members and procedure
of the Advisory Council.
67D Scale of fees
(1) The Minister may, by order published in the Gazette:
(a) fix a scale of fees in respect of ambulance services
provided by the Director-General, and
(b) amend or revoke any scale of fees so fixed.
(2) The Director-General may remit or postpone payment of any
amount due in respect of ambulance services provided by the
Director-General.
(3) Nothing in this section affects Part 4 of the Health Insurance
Levies Act 1982.
67E Unauthorised provision of ambulance transport
(1) A person must not:
(a) directly or indirectly provide or take part in the provision
of transport for sick or injured persons for fee or reward, or
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(b) conduct for fee or reward any operations similar to the
operations carried on by the Director-General under this
Chapter,
without the consent of the Director-General and except in
accordance with such conditions (if any) as the Director-General
may from time to time impose.
Maximum penalty: 50 penalty units.
(2) The Director-General may revoke any consent given, or revoke
or vary any condition imposed, under this section.
(3) This section does not apply to:
(a) the St John Ambulance Australia (NSW) in respect of
operations similar to the operations lawfully carried on by
that body immediately before the day on which this section
commences, or
(b) the Royal Flying Doctor Service of Australia (NSW
Section), or
(c) the mines rescue company, within the meaning of the Coal
Industry Act 2001, (or a member, director or employee of
that company) in the exercise of mines rescue functions
under Division 3 of Part 3, or Part 4, of that Act, or
(d) a member of the New South Wales Mines Rescue Brigade
established under the Coal Industry Act 2001, or
(e) any person (or class of persons) prescribed by the
regulations.
67F Unauthorised collections
(1) A person must not organise, conduct or take part in the collection
or soliciting of money or property from the public for, towards or
in return for the provision of ambulance services without the
consent of the Director-General and except in accordance with
such conditions (if any) as the Director-General may from time
to time impose.
Maximum penalty: 50 penalty units.
(2) The Director-General may revoke any consent given, or revoke
or vary any condition imposed, under this section.
(3) This section does not apply to:
(a) any person engaged in the conduct or operation of the State
Ambulance Insurance Plan established under the Health
Insurance Levies Act 1982, or
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(b) an insurer under a policy of insurance to the extent that the
money or the property represents consideration for an
indemnity provided in that policy against the cost of the
transport of a sick or injured person, being an indemnity
incidental to the risks insured under that policy, or
(c) any person (or class of persons) prescribed by the
regulations.
67G False calls for provision of ambulance services
A person who requests the provision of an ambulance service
knowing that no ambulance service is in the circumstances
required or likely to be required by any person is guilty of an
offence.
Maximum penalty: 50 penalty units.
67H Honorary ambulance officers
(1) The Director-General may appoint such persons as the
Director-General thinks fit to be honorary ambulance officers.
Note. Honorary ambulance officers are not members of the NSW Health
Service employed under Part 1 of Chapter 9.
(2) Honorary ambulance officers:
(a) may carry out, without remuneration, such of the functions
of the Director-General under this Act as the
Director-General may from time to time direct, and
(b) are subject to the control and supervision of the
Director-General.
67I Exculpation from personal liability
A member of staff of the Ambulance Service of NSW or an
honorary ambulance officer is not liable for any injury or damage
caused by the member of staff or officer in the carrying out, in
good faith, of any of the member's or officer's duties relating to:
(a) the provision of ambulance services, or
(b) the protection of persons from injury or death, whether or
not those persons are or were sick or injured.
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[27] Chapter 9, Part 1
Omit the Part. Insert instead:
Part 1 Employment of staff in the NSW Health
Service
115 The NSW Health Service
(1) The NSW Health Service consists of those persons who are
employed under this Part by the Government of New South
Wales in the service of the Crown.
(2) This Part does not affect any other means (statutory or otherwise)
by which persons may be employed in the service of the Crown.
Note. Other ways in which persons are employed in the service of the
Crown include employment in the Government Service (see Chapter 1A
of the Public Sector Employment and Management Act 2002),
employment in the Teaching Service or employment in NSW Police.
116 Employment of staff generally
(1) The Government of New South Wales may employ staff under
this Part:
(a) to enable area health services and statutory health
corporations, and the public hospitals that they control, to
exercise their functions, and
(b) to enable declared affiliated health organisations to
exercise their functions in relation to their recognised
establishments and recognised services, and
(c) to enable the Director-General to exercise his or her
functions under Chapter 5A in relation to ambulance
services, and
(d) to enable the Director-General to exercise his or her
functions under Part 1A of Chapter 10 in relation to the
provision of health support services to public health
organisations and the public hospitals that they control,
and
(e) to enable the Health Administration Corporation to
exercise its functions under this or any other Act.
(2) The employment of staff in the NSW Health Service, including
the exercise of employer functions in relation to that staff, is
subject to the requirements of this or any other Act relating to that
staff.
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(3) The Director-General may, subject to subsection (2), exercise on
behalf of the Government of New South Wales, the employer
functions of the Government in relation to the staff employed in
the NSW Health Service.
Note. The Director-General's functions under this or any other Act may,
under section 21 of the Health Administration Act 1982, be delegated to
any person.
(4) The Director-General may create divisions (however described)
of staff in the NSW Health Service.
(5) This section does not limit the purposes for which, or the manner
in which, staff may be employed in the NSW Health Service.
116A Salary, conditions etc of staff employed in the NSW Health Service
(1) The Director-General may fix the salary, wages and conditions of
employment of staff employed under this Part in so far as they are
not fixed by or under any other law.
(2) The Director-General may give directions to a public health
organisation requiring the payment by the organisation, on behalf
of the Government of New South Wales, of the salary, wages and
other employment-related costs (such as superannuation,
workers compensation, public liability insurance and vicarious
tortious liability) of those members of the NSW Health Service
who are employed under this Part to enable the public health
organisation to exercise its functions.
(3) The Director-General may enter into an agreement with any
association or organisation representing a group or class of
members of the NSW Health Service with respect to the
conditions of employment (including salaries, wages or
remuneration) of that group or class. Any such agreement may
(subject to Part 2) extend to conditions in respect of the
employment of persons convicted of, or charged with, serious sex
or violence offences.
(4) An agreement under subsection (3) binds all members of staff in
the group or class affected by the agreement, and no such
member, whether a member of the association or organisation
with which the agreement was entered into or not, has any right
of appeal against the terms of the agreement.
(5) This section does not apply in relation to any conditions of
employment determined under Part 3 of this Chapter of any
member of staff of the NSW Health Service whose employment
is subject to that Part.
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116B Special provisions relating to staff employed in connection with
declared affiliated health organisations
(1) A person cannot be employed under this Part to enable a declared
affiliated health organisation to exercise its functions in
connection with its recognised establishments and recognised
services unless the affiliated health organisation is satisfied that
the person is suitable to carry out duties in connection with the
organisation having regard to the health care philosophy of the
organisation.
(2) Section 56 of the Anti-Discrimination Act 1977 applies in relation
to the employment under this Part of staff in connection with a
declared affiliated health organisation.
116C Transfer of staff within the NSW Health Service
(1) The Director-General may, on the ground of redundancy, direct
the transfer of a member of the NSW Health Service (the staff
member) from one position in the NSW Health Service to
another position in the Service at a salary in accordance with any
general determination under section 116A (1), but only if:
(a) the Director-General is satisfied that:
(i) the number of persons who are employed in or in
connection with the public health organisation
concerned exceeds the number that appears to be
necessary for the effective, efficient and economical
management of the functions and activities of the
organisation, either generally or at a particular
location, or
(ii) the mix of skills or other expertise of the persons
who are employed in or in connection with the
public health organisation concerned appears to be
unsuitable for the effective, efficient and
economical management of the functions and
activities of the organisation, either generally or at a
particular location, and
(b) the Director-General is satisfied that the staff member
possesses the essential qualifications specified for the
other position and the work assigned to the other position
is appropriate to the skills and qualifications of the staff
member, and
(c) if the staff member is to be transferred to a position in
connection with a declared affiliated health organisation--
the affiliated health organisation has been consulted by the
Director-General as to the suitability of the staff member
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Amendment of Health Services Act 1997 Schedule 2
to carry out duties in connection with the organisation
having regard to the health care philosophy of the
organisation.
(2) If a staff member refuses a transfer from one position to another
under this section, the Director-General may, if satisfied that the
staff member has no valid reason for so refusing, dismiss the
member from the NSW Health Service.
(3) No compensation is payable in respect of the dismissal.
(4) Nothing in this section affects the operation of Part 6 (Unfair
dismissals) of Chapter 2 of the Industrial Relations Act 1996 or
any other statutory right that a member of staff may have in
relation to his or her dismissal from the NSW Health Service
under this section.
(5) Nothing in this section prevents the transfer, under any other law,
of members of staff of the NSW Health Service.
116D Director-General may arrange for use of services or facilities
outside of NSW Health Service
For the purposes of facilitating the exercising of functions within
the public health system, the Director-General may arrange for
the use of the services of any staff (including by way of
secondment to the NSW Health Service) or facilities of any
Division of the Government Service or of a public or local
authority.
116E Obligations of declared affiliated health organisations under
certain legislation
(1) For the purposes of the Occupational Health and Safety Act 2000,
a declared affiliated health organisation has the functions and
liabilities of an employer in respect of the staff who are employed
in the NSW Health Service to enable the organisation to exercise
its functions in relation to its recognised establishments and
recognised services.
(2) A reference in the Anti-Discrimination Act 1977 to an employer
in relation to employment in the NSW Health Service in
connection with a declared affiliated health organisation and its
recognised establishments and recognised services is taken to be
a reference to the declared affiliated health organisation.
116F Operation of privacy legislation
If any staff are employed under this Part in the NSW Health
Service to enable a public health organisation to exercise its
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Schedule 2 Amendment of Health Services Act 1997
functions, the staff are (however described) taken, for the
purposes of the Privacy and Personal Information Protection Act
1998 and the Health Records and Information Privacy Act 2002,
to be part of the public health organisation.
116G Miscellaneous provisions relating to civil liability
(1) A reference in this section to a public health organisation does not
include a reference to an affiliated health organisation unless it is
a declared affiliated health organisation.
(2) Part 5 of the Workers Compensation Act 1987 applies to work
injury damages recoverable from the Government of New South
Wales, and to work injury damages recoverable from a public
health organisation, by or in respect of a person employed in the
NSW Health Service to enable the public health organisation to
exercise its functions. That Part so applies as if the public health
organisation:
(a) were an employer of the person in addition to the
Government, and
(b) were an employer liable to pay compensation under that
Act.
(3) A policy of insurance may be issued to the Government of New
South Wales under the Workers Compensation Act 1987 that is
limited to workers employed in connection with a particular
public health organisation.
(4) If:
(a) a person is employed in the NSW Health Service to enable
a public health organisation to exercise its functions, and
(b) the Government of New South Wales is, as the person's
employer, proceeded against for any negligence or other
tort of the person (whether the damages are recoverable in
an action for tort or breach of contract or in any other
action), and
(c) the public health organisation is entitled under a policy of
insurance or indemnity to be indemnified in respect of
liability that the organisation may incur in respect of that
negligence or other tort,
the Government is subrogated to the rights of the public health
organisation under that policy in respect of the liability incurred
by the Government arising from that negligence or other tort.
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Public Sector Employment Legislation Amendment Bill 2006
Amendment of Health Services Act 1997 Schedule 2
(5) For the purposes of Division 2 of Part 9 of Chapter 2 of the
Industrial Relations Act 1996:
(a) if a person who is member of the NSW Health Service is
appointed (otherwise than on an acting basis) to another
position in the NSW Health Service in connection with a
different public health organisation or a different division
of that Service, the person is taken to have entered into a
new contract of employment in respect of that other
position, and
(b) the cessation of a person's appointment (whether by way
of dismissal, resignation, transfer or otherwise) to a
position in the NSW Health Service is taken to terminate
the person's contract of employment in respect of that
position.
(6) However, a person who holds an appointment to a position that is
abolished does not, for the purposes of subsection (5) (b), cease
to be appointed to that position until:
(a) such time as the person is appointed to another position in
the NSW Health Service, or
(b) such time as the person's employment in the NSW Health
Service is terminated,
whichever occurs first.
(7) In this section:
work injury damages means damages recoverable from a public
health organisation or the Government of New South Wales in
respect of injury to or the death of a person employed in the NSW
Health Service to enable the public health organisation to
exercise its functions caused by the negligence or other tort of the
public health organisation or the Government and arising out of
the employment of the person by the Government, whether the
damages are recoverable in an action for tort or breach of contract
or in any other action, but does not include motor accident
damages to which Chapter 5 of the Motor Accidents
Compensation Act 1999 applies.
[28] Chapter 9, Part 2, heading
Omit "employees in". Insert instead "staff of".
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Public Sector Employment Legislation Amendment Bill 2006
Schedule 2 Amendment of Health Services Act 1997
[29] Section 117AA
Insert before section 117:
117AA Definitions
In this Part:
member of staff means a member of the NSW Health Service
who is employed under Part 1 of this Chapter to enable a public
health organisation to exercise its functions.
[30] Section 117 Duty to report certain criminal conduct and disciplinary
matters
Omit "An employee of a public health organisation" from section 117 (1).
Insert instead "A member of staff".
[31] Section 117 (1) and (2) (a)
Omit "the organisation" wherever occurring.
Insert instead "the relevant organisation".
[32] Section 117 (2)
Omit "An employee appointed by a public health organisation".
Insert instead "A member of staff".
[33] Section 117 (3)
Insert in alphabetical order:
chief executive of the relevant organisation, in relation to a
member of staff, means the chief executive of the public health
organisation to which the member of staff has been assigned.
[34] Sections 117 (3) (definition of "relevant health professional registration
Act"), 119, 120 and 121 (2)
Omit "an employee" wherever occurring. Insert instead "a member of staff".
[35] Section 117A Duty of chief executive to report certain conduct
Omit section 117A (1). Insert instead:
(1) The chief executive of a public health organisation is to report to
a registration authority any conduct of a member of staff that the
chief executive suspects on reasonable grounds may constitute
professional misconduct or unsatisfactory professional conduct
under the health registration Act by which the registration
authority is constituted.
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[36] Section 118
Omit the section. Insert instead:
118 Disciplinary action in certain cases of serious sex or violence
offences
(1) The chief executive of a public health organisation is, within 30
days (or such further period as may be agreed to by the
Director-General) of becoming aware that a member of staff has
been convicted (whether before or during his or her employment)
of a serious sex or violence offence, to notify the
Director-General of the staff member's conviction.
(2) On being notified under subsection (1), the Director-General is to
afford the member of staff concerned a reasonable opportunity to
make written submissions concerning any matter relevant to the
conviction that the staff member wishes to have considered in
determining what (if any) disciplinary action should be taken in
relation to the staff member.
(3) The Director-General may take such disciplinary action as the
Director-General considers appropriate (having regard to section
119) against a member of staff who has been convicted (whether
before or during his or her employment) of a serious sex or
violence offence.
(4) This section does not apply to a conviction that occurred before a
person was employed if, before that employment, the person
notified the Director-General in writing of the fact of the
conviction.
(5) This section extends to a conviction that occurred before the
commencement of this section (as substituted by the Public
Sector Employment Legislation Amendment Act 2006).
(6) In this section:
disciplinary action means:
(a) dismissal from the NSW Health Service, or
(b) imposing conditions in respect of the supervision of, or
reporting by, a member of staff or in respect of the scope
of a staff member's duties, or
(c) transferring a member of staff to another position in the
NSW Health Service.
[37] Section 121 Effect of Part
Omit section 121 (1).
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[38] Section 121 (2)
Omit "the employee's". Insert instead "his or her".
[39] Sections 121A (1) (definitions of "contract of employment" and
"remuneration package") and (2), 121C (1), (2) and (4), 121E (1), 121F (1)
and (2) (c), 121G (1), 121I (definitions of "approved" and "employment
benefit"), 121J (1), 121K (2) and (7), 121L (1), 121M (1) (d), 121N (1) and
(2), 121P (2) and 121S
Omit "Health Administration Corporation" wherever occurring.
Insert instead "Director-General".
[40] Section 121B Composition of Health Executive Service
Insert after section 121B (1) (a):
(a1) the chief executive of the Ambulance Service of NSW, and
[41] Section 121B (1) (b)
Omit the paragraph. Insert instead:
(b) the persons holding:
(i) such positions in the NSW Health Service
(including the Ambulance Service of NSW), and
(ii) such positions as chief executive of a health
corporation board, and
(iii) such positions in the Health Professional
Registration Boards Division of the Government
Service,
as are for the time being determined by the
Director-General to be executive positions.
[42] Sections 121I (paragraph (a) of the definition of "employment benefit"),
121K (2), 121M (1) (d), 121N (2) (a), 126C and 126G (1) (a) and (2) (d)
Omit "the Corporation" wherever occurring.
Insert instead "the Director-General".
[43] Section 121N Removal of health executives from office
Omit section 121N (5). Insert instead:
(5) A person who ceases to be a health executive because of
subsection (4) ceases to be a member of staff of the NSW Health
Service unless appointed to some other position in the NSW
Health Service.
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[44] Section 121P Incumbent officers' accrued leave
Omit "the Public Service" from section 121P (5) (a).
Insert instead "the Government Service".
[45] Section 121Q Effect on incumbent when position ceases to be executive
position
Omit section 121Q (1) (b). Insert instead:
(b) any person holding the position ceases to be a member of
staff of the NSW Health Service (or of the Government
Service in the case of a person holding a position referred
to in section 121B (1) (b) (iii)) unless appointed to some
other position in the NSW Health Service (or in the
Government Service in the case of a person holding a
position referred to in section 121B (1) (b) (iii)) or unless
declared to be an unattached officer under section 121N
(2).
[46] Section 126A Definitions
Omit the section.
[47] Section 126B
Omit the section. Insert instead:
126B Director-General to provide health support services
(1) The Director-General may provide health support services to
public health organisations and the public hospitals that they
control.
(2) The Director-General may also, with the approval of the
Minister, make and enter into contracts or agreements with any
person other than a public health organisation for the provision of
health support services or corporate or other services to that
person.
(3) The Director-General may determine the fees and charges
payable for any service provided by or on behalf of the
Director-General under this section.
(4) The Director-General may delegate his or her functions under
this section to a person or appointed body.
(5) A delegate may subdelegate to any person or appointed body
some or all of any function delegated under this section if the
delegate is authorised in writing to do so by the delegator.
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(6) Section 21 of the Health Administration Act 1982 does not apply
in relation to the functions under this section.
(7) Nothing in this section limits the Director-General's functions
under this or any other Act or law.
(8) In this section:
appointed body means a committee, board or other body
appointed under section 126C by the Director-General.
[48] Section 126C Appointed bodies
Omit "The Corporation" wherever occurring from section 126C (1) and (5).
Insert instead "The Director-General".
[49] Sections 126D126F
Omit the sections.
[50] Section 126G Directions by Minister in relation to acquisition of health
support services
Omit "its" wherever occurring from section 126G (2) (d).
Insert instead "the Director-General's".
[51] Section 126H Consent of affiliated health organisations required for
certain orders
Omit section 126H (1).
[52] Section 127 Determination of subsidies
Omit section 127 (4). Insert instead:
(4) The Minister may attach to the payment of any subsidy (or part
of any subsidy) such conditions as the Minister determines from
time to time.
[53] Section 133A
Insert after section 133:
133A Nature of staffing arrangements
Any arrangements entered into by or on behalf of the Crown with
a public health organisation in connection with the employment
of staff in the NSW Health Service do not constitute an
employment placement service for the purposes of Part 5C of the
Fair Trading Act 1987.
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[54] Section 140 Regulations
Insert after section 140 (2) (i):
(j) the control and governance of members of staff of the
NSW Health Service and any other matter or thing
necessary or convenient to ensure the maintenance of
discipline and efficiency of that staff,
(k) the conditions of employment (including salaries and
wages) of persons employed by affiliated health
organisations (other than declared affiliated health
organisations) in respect of their recognised
establishments and recognised services,
(l) the management of, and accounting for, any funds
(including the amount of any subsidy determined under
section 127) paid by or on behalf of the State to a public
health organisation to meet the employment-related costs
and liabilities in relation to those members of the NSW
Health Service who are employed in connection with the
organisation,
(m) the recognition of prior government service or public
health system service for the purposes of calculating the
long service leave entitlements of employees in the public
health system.
[55] Schedule 4 Transfers, dissolutions, amalgamations and changes of
name or nature of governance
Omit "staff," wherever occurring from clauses 3 (1) (c) and (2) (c) and 4 (1)
(c), (2) (c) and (3) (c).
[56] Schedule 4, clause 8 (1) (a)
Insert "or in connection with" after "employed in".
[57] Schedule 5 Provisions relating to members and procedure of health
corporation boards
Omit the definitions of elected staff member and member from clause 1.
Insert instead:
member means a member of a health corporation board.
staff member means a member referred to in section 49 (2).
[58] Schedule 5, clause 2
Omit the clause.
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[59] Schedule 5, clause 5 (1)
Omit "an elected" wherever occurring. Insert instead "the".
[60] Schedule 5, clause 7 (h)
Omit the paragraph. Insert instead:
(h) being the staff member, ceases to be a member of staff of
the NSW Health Service, or
[61] Schedule 5, clause 9 (1)
Omit the subclause.
[62] Schedule 6
Insert after Schedule 5:
Schedule 6 Provisions relating to members and
procedure of Ambulance Services
Advisory Council
(Section 67C (7))
1 Definitions
In this Schedule:
appointed member means a member other than the chief
executive of the Ambulance Service of NSW.
member means any member of the Advisory Council.
staff member means a member referred to in section 67C (3).
2 Chairperson of Advisory Council
(1) Of the appointed members of the Advisory Council, one is, in and
by the relevant instrument of appointment as such a member, or
by another instrument executed by the Minister, to be appointed
as Chairperson of the Advisory Council.
(2) The Minister may remove an appointed member from the office
of Chairperson of the Advisory Council.
(3) A person who is an appointed member and Chairperson of the
Advisory Council is to be taken to have vacated office as
Chairperson if the person:
(a) is removed from that office by the Minister under this
clause, or
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(b) resigns that office by instrument in writing addressed to
the Minister, or
(c) ceases to be a member.
3 Acting members and acting Chairperson
(1) The Director-General may, from time to time, appoint a person to
act in the office of a member during the illness or absence of the
member, and the person, while so acting, has all the functions of
the member and is to be taken to be a member.
(2) The Director-General may, from time to time, appoint a member
to act in the office of Chairperson of the Advisory Council during
the illness or absence of the Chairperson, and the member, while
so acting, has all the functions of the Chairperson and is to be
taken to be the Chairperson.
(3) The Director-General may remove any person from any office to
which the person was appointed under this clause.
(4) For the purposes of this clause, a vacancy in the office of a
member or the Chairperson of the Advisory Council is to be taken
to be an absence from office of the member or Chairperson, as the
case may be.
4 Terms of office
An appointed member holds office, subject to this Schedule:
(a) in the case of a staff member--for such period not
exceeding 2 years, and
(b) in any other case, for such period not exceeding 4 years,
as may be specified in the instrument of appointment of the
member, but is eligible (if otherwise qualified) for
re-appointment.
5 Vacancy in office of member
An appointed member is to be taken to have vacated office if the
member:
(a) dies, or
(b) completes a term of office and is not re-appointed, or
(c) resigns the office by instrument in writing addressed to the
Minister, or
(d) absents himself or herself from 4 consecutive meetings of
the Advisory Council of which reasonable notice has been
given to the member personally or in the ordinary course
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of post, except on leave granted by the Council or unless,
before the expiration of 4 weeks after the last of those
meetings, the member is excused by the Council for being
absent from those meetings, or
(e) becomes bankrupt, applies to take the benefit of any law
for the relief of bankrupt or insolvent debtors, compounds
with his or her creditors or makes an assignment of his or
her remuneration for their benefit, or
(f) becomes a mentally incapacitated person, or
(g) is convicted in New South Wales of an offence that is
punishable by imprisonment for 12 months or upwards or
is convicted elsewhere than in New South Wales of an
offence that, if committed in New South Wales, would be
an offence so punishable, or
(h) in the case of a staff member, ceases to be a member of the
Ambulance Service of NSW.
6 Disclosure of pecuniary interests
(1) A member:
(a) who has a direct or indirect pecuniary interest in a matter
being considered or about to be considered at a meeting of
the Advisory Council, and
(b) whose interest appears to raise a conflict with the proper
performance of the member's duties in relation to the
consideration of the matter,
must, as soon as possible after the relevant facts have come to the
member's knowledge, disclose the nature of the interest at a
meeting of the Advisory Council.
(2) A disclosure by a member at a meeting of the Advisory Council
that the member:
(a) is a member, or is in the employment, of a specified
company or other body, or
(b) is a partner, or is in the employment, of a specified person,
or
(c) has some other specified interest relating to a specified
company or other body or to a specified person,
is a sufficient disclosure of the nature of the interest in any matter
relating to that company or other body or to that person which
may arise after the date of the disclosure and which is required to
be disclosed under this clause.
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(3) Particulars of any disclosure made under this clause are to be
recorded by the members in a book kept for the purpose and that
book is to be open at all reasonable hours to inspection by any
person on payment of the fee determined by the members.
(4) After a member has disclosed the nature of an interest in any
matter, the member must not, unless the Director-General or the
other members otherwise determine:
(a) be present during any deliberation of the Advisory Council
with respect to the matter, or
(b) take part in any decision of the Council with respect to the
matter.
(5) For the purposes of the making of a determination by the
members under subclause (4), a member who has a direct or
indirect pecuniary interest in a matter to which the disclosure
relates must not:
(a) be present during any deliberation of the other members
for the purpose of making the determination, or
(b) take part in the making by the other members of the
determination.
(6) A contravention of this clause does not invalidate any decision of
the Advisory Council.
7 Effect of certain other Acts
(1) If by or under any Act provision is made:
(a) requiring a person who is the holder of a specified office to
devote the whole of his or her time to the duties of that
office, or
(b) prohibiting the person from engaging in employment
outside the duties of that office,
the provision does not operate to disqualify the person from
holding that office and also the office of an appointed member or
from accepting and retaining any remuneration payable to the
person under this Act as such a member.
(2) The office of an appointed member is not, for the purposes of any
Act, an office or place of profit under the Crown.
8 Remuneration
An appointed member is entitled to be paid such remuneration
(including travelling and subsistence allowances) as the Minister
may from time to time determine in respect of the member.
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9 Liability of members etc
A matter or thing done or omitted to be done by the Advisory
Council, a member or any person acting under the direction of the
Council does not, if the matter or thing was done or omitted to be
done in good faith for the purpose of executing this Act, subject
the member or a person so acting personally to any action,
liability, claim or demand.
10 General procedure
The procedure for the calling of meetings of the Advisory
Council and for the conduct of business at those meetings is,
subject to this Act and the regulations, to be as determined by the
Council.
11 Quorum
The quorum for a meeting of the Advisory Council is a majority
of the members for the time being.
12 Presiding member
(1) The Chairperson of the Advisory Council or, in the absence of the
Chairperson, another member elected as Chairperson for the
meeting by the members present is to preside at a meeting of the
Council.
(2) The person presiding at any meeting of the Advisory Council has
a deliberative vote and, in the event of an equality of votes, has a
second or casting vote.
13 Voting
A decision supported by a majority of the votes cast at a meeting
of the Advisory Council at which a quorum is present is the
decision of the Council.
14 First meeting of Advisory Council
The Director-General is to call the first meeting of the Advisory
Council in such manner as the Director-General thinks fit.
[63] Schedule 7 Savings and transitional provisions
Insert at the end of clause 1 (1):
Public Sector Employment Legislation Amendment Act 2006
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[64] Schedule 7, Part 5
Insert after Part 4:
Part 5 Provisions consequent on enactment of
Public Sector Employment Legislation
Amendment Act 2006
62 Definitions
In this Part:
amending Act means the Public Sector Employment Legislation
Amendment Act 2006.
former corporation means the Ambulance Service of New South
Wales constituted under the repealed Act.
relevant commencement means:
(a) in relation to an area health service or a statutory health
corporation--the commencement of Schedule 2 [27] to the
amending Act, or
(b) in relation to an affiliated health organisation--the day on
which the organisation becomes a declared affiliated
health organisation.
relevant public health organisation means:
(a) an area health service, or
(b) a statutory health corporation, or
(c) a declared affiliated health organisation.
repeal date means the date on which the repealed Act is repealed
by the amending Act.
repealed Act means the Ambulance Services Act 1990 as in force
immediately before its repeal by the amending Act.
63 Transitional provision--construction of superseded references
(1) In any other Act, or in any instrument made under any Act or in
any other instrument of any kind (whether enacted, made or
executed before or after the commencement of this clause):
(a) a reference to a member of staff or employee (however
described) of a relevant public health organisation is to be
read as including a reference to a member of staff of that
part of the NSW Health Service comprising the group of
staff who are employed under Part 1 of Chapter 9 to enable
the public health organisation to exercise its functions, and
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(b) a reference to a relevant public health organisation in its
capacity as an employer of staff (however described) is, to
the extent that the staff concerned comprise a group of staff
employed under Part 1 of Chapter 9 to enable the public
health organisation to exercise its functions, to be read as
including a reference to the Director-General, and
(c) a reference to the Health Administration Corporation in
relation to the employment of staff is to be read as
including a reference to the Director-General.
(2) This clause is subject to the regulations.
64 Existing staff of public health organisations and Health
Administration Corporation
(1) A person who, immediately before the relevant commencement,
was employed as a member of staff (however described) of a
relevant public health organisation or the Health Administration
Corporation (the Corporation):
(a) ceases, on that commencement, to be employed by the
public health organisation or the Corporation, and
(b) is taken, on that commencement, to be employed under
Part 1 of Chapter 9 as a member of staff of the NSW Health
Service.
(2) Any such person who, under subclause (1), becomes a member of
staff of the NSW Health Service:
(a) is, until such time as provision is otherwise made under
this Act or any other law, to continue to be employed in
accordance with the same terms and conditions (including
the terms of any State industrial instrument) that applied to
the person as a member of staff of the relevant public
health organisation or the Corporation, and
(b) is taken, for the purposes of this clause, to have been
transferred to the NSW Health Service from the
employment of the public health organisation or the
Corporation.
(3) If an award under the Workplace Relations Act 1996 of the
Commonwealth (the Federal award) applied to the person as a
member of staff of the public health organisation or Corporation
immediately before the relevant commencement, a State
industrial instrument in the nature of an award is taken to have
been created in the same terms as the Federal award and is taken
to apply to the person for the purposes of subclause (2).
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(4) If a certified agreement under the Workplace Relations Act 1996
of the Commonwealth (the Federal agreement) applied to the
person as a member of staff of the public health organisation or
Corporation immediately before the relevant commencement, a
State industrial instrument in the nature of an enterprise
agreement is taken to have been created in the same terms as the
Federal agreement and is taken to apply to the person for the
purposes of subclause (2).
(5) The terms of any such instrument created as provided by
subclause (3) or (4) have effect despite anything to the contrary
in the Annual Holidays Act 1944, the Long Service Leave Act
1955, the Industrial Relations Act 1996 or any other law of the
State.
(6) A person who is transferred under this clause:
(a) retains any rights to annual leave, long service leave, sick
leave, and other forms of leave, accrued or accruing in his
or her employment with the organisation or body from
which the person is transferred, and
(b) is not entitled to receive any payment or other benefit
merely because the person ceases to be a member of staff
of the organisation or body from which the person is
transferred, and
(c) is not entitled to claim, both under this Act or any other
Act, dual benefits of the same kind for the same period of
service.
(7) A relevant public health organisation is liable for the cost of any
leave entitlements for a person who is transferred under this
clause that have accrued up until the date on which the person is
transferred (the transfer date).
(8) The Minister may, from time to time, direct a relevant public
health organisation to meet the cost of its liability in respect of
any leave entitlements that have accrued before the transfer date.
Any such direction has effect despite any determination made in
respect of the public health organisation under section 127.
(9) This clause is subject to the provisions of this Act and the
regulations.
65 Existing executive officers
Any person within the NSW Health Service who, immediately
before the commencement of Schedule 2 [27] to the amending
Act, was an executive officer under Part 3.1 of the Public Sector
Employment and Management Act 2002, is taken, on that
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commencement, to be a health executive under Part 3 of
Chapter 9 of this Act.
66 Abolition of former corporation
(1) On the repeal date:
(a) the former corporation is abolished, and
(b) any assets, rights and liabilities of the former corporation
become the assets, rights and liabilities of the Health
Administration Corporation.
(2) Except as provided by clause 71, a reference in any other Act, or
in any instrument of any kind (including any contract or
agreement) to the former corporation is to be construed as a
reference to the Health Administration Corporation.
(3) In this clause:
assets means any legal or equitable estate or interest (whether
present or future and whether vested or contingent) in real or
personal property of any description (including money), and
includes securities, choses in action and documents.
liabilities means all liabilities, debts and obligations (whether
present or future and whether vested or contingent).
rights means all rights, powers, privileges and immunities
(whether present or future and whether vested or contingent).
67 Ambulance Service Board
(1) On the repeal date:
(a) the Ambulance Service Board constituted under the
repealed Act is abolished, and
(b) each person who held office as a director of the Board
(other than the Chief Executive Officer of the Board)
immediately before that date ceases to hold that office.
(2) A person who, under this clause, ceases to hold office is not
entitled to any remuneration or compensation because of the loss
of that office.
(3) However, the person is taken to have been appointed as a member
of the Ambulance Service Advisory Council, subject to Schedule
6 (as inserted by the amending Act), for the remainder of the term
for which the person was appointed as a director of the
Ambulance Service Board.
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68 Chief Executive Officer of Ambulance Service Board
(1) The person holding office as the Chief Executive Officer of the
Ambulance Service Board immediately before the repeal date
ceases to hold that office on that date but is taken to be employed
as a health executive (within the meaning of Part 3 of Chapter 9)
for the balance of the person's term of appointment as Chief
Executive Officer of the Ambulance Service Board.
(2) The continuation of a person's employment under subclause (1)
is subject to Part 3 of Chapter 9.
69 Transfer of staff of former corporation
(1) A person who, immediately before the repeal date, was employed
as a member of staff of the former corporation, is taken, on that
date, to be employed as a member of staff of the Ambulance
Service of NSW.
(2) Any such person who, under subclause (1), becomes a member of
staff of the Ambulance Service of NSW is, until such time as
provision is otherwise made under this Act or any other law, to
continue to be employed in accordance with the same terms and
conditions (including the terms of any State industrial
instrument) that applied to the person as a member of staff of the
former corporation.
(3) A reference in any other Act or instrument to a member of staff
(however described) of the former corporation is to be construed
as a reference to a member of staff of the Ambulance Service of
NSW.
(4) This clause is subject to the provisions of this Act (including
clause 70) and the regulations.
70 Appointment of certain staff of former corporation as executive
officers
(1) This clause applies to a position on the staff of the former
corporation that is, as at the repeal date, the subject of a
determination under section 121B (1) (b).
(2) On the repeal date, a person who, immediately before that date,
held a position to which this clause applies, or was an appointee
to such a position, is taken to have been appointed to the position
under section 121C (1).
(3) Until further provision is made under Part 3 of Chapter 9, the
person's conditions of employment (including remuneration) are,
subject to that Part, to be the same as those that applied to the
person immediately before the repeal date.
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71 Continuation of regulation made under repealed Act
(1) The Ambulance Services Regulation 2005, as in force
immediately before the repeal date, continues in force and is
taken to be a regulation made under this Act.
(2) The Regulation continued in force by subclause (1) (the
continued regulation) may be amended and repealed in the same
way as any other regulation made under this Act.
(3) A reference in the continued regulation to the Ambulance Service
(other than a reference that relates to a member of staff of the
Ambulance Service) is to be construed as a reference to the chief
executive of the Ambulance Service of NSW.
(4) In exercising any of the functions of the former corporation under
the continued regulation, the chief executive of the Ambulance
Service of NSW may delegate to any person any of the functions
that the chief executive may exercise as a result of subclause (3).
72 Existing workers compensation policies of insurance
A policy of insurance issued to a public health organisation under
the Workers Compensation Act 1987 and in force immediately
before the relevant commencement for the organisation
concerned is also taken to have been issued to the Government of
New South Wales (but only as a policy that is limited to workers
employed in the NSW Health Service to enable the public health
organisation to exercise its functions).
73 Special provisions relating to The Stewart House Preventorium,
Curl Curl
(1) The amendments made to this Act by the amending Act do not
apply to or in respect of The Stewart House Preventorium until
the day appointed by proclamation by the Governor for the
purposes of this clause.
(2) Until that appointed day, this Act continues to apply to and in
respect of the The Stewart House Preventorium (including in
relation to the employment of any staff) as if the amending Act
had not been enacted.
[65] Dictionary
Insert in alphabetical order:
Ambulance Service of NSW--see section 67A.
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ambulance services means services relating to the work of
rendering first aid to, and the transport of, sick and injured
persons.
declared affiliated health organisation--see section 62A.
honorary ambulance officer means a person appointed to be an
honorary ambulance officer under section 67H.
member of the NSW Health Service means any person who is
employed under Part 1 of Chapter 9 in the NSW Health Service.
[66] Dictionary, definition of "NSW Health Service"
Omit the definition. Insert instead:
NSW Health Service means the NSW Health Service referred to
in section 115.
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Schedule 3 Amendment of Health Administration Act 1982
Schedule 3 Amendment of Health Administration
Act 1982
(Section 5)
[1] Section 4 Definitions
Omit the definitions of Ambulance Service, Commission and officer of the
Department from section 4 (1).
[2] Section 5A
Insert after section 5:
5A Exercise of Minister's functions through Corporation, joint
ventures or other associations
(1) A function of the Minister may, if the Minister so determines, be
exercised:
(a) by the Corporation, or
(b) by the Minister (or by the Corporation) in a partnership,
joint venture or other association with other persons or
bodies.
(2) A function of the Minister that is exercisable in relation to
anything belonging to, or controlled by, the Minister is also
exercisable in relation to anything belonging to, or controlled by,
the Corporation.
(3) Nothing in this section prevents the Minister from exercising a
function in his or her capacity as the Minister and entering into
contracts or doing other things on behalf of the Crown.
[3] Part 2, Division 2 The Department
Omit the Division.
[4] Section 8A
Insert after section 8:
8A Exercise of Director-General's functions through Corporation,
joint ventures or other associations
(1) A function of the Director-General may, if the Director-General
so determines, be exercised:
(a) by the Corporation, or
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(b) by the Director-General (or by the Corporation) in a
partnership, joint venture or other association with other
persons or bodies.
(2) A function of the Director-General that is exercisable in relation
to anything belonging to, or controlled by, the Director-General
is also exercisable in relation to anything belonging to, or
controlled by, the Corporation.
(3) Nothing in this section prevents the Director-General from
exercising a function in his or her capacity as the
Director-General and entering into contracts or doing other
things on behalf of the Crown.
[5] Section 9 Corporation
Insert after section 9 (2):
(2A) However, the Corporation cannot employ any staff.
Note. Staff may be employed under Part 1 of Chapter 9 of the Health
Services Act 1997 in the NSW Health Service to enable the Corporation
to exercise its functions under this or any other Act.
[6] Section 13A Corporation to manage accounts of health professional
boards
Omit ", including costs incurred in the employment of staff" from section 13A
(3).
[7] Section 13A (3A)
Insert after section 13A (3):
(3A) For the purposes of section 4E (2) of the Public Sector
Employment and Management Act 2002, the Corporation is taken
to be the statutory corporation in respect of which staff are
employed under Chapter 1A of that Act to enable a health
professional board to exercise its functions. Accordingly, the
Corporation is authorised to pay out of an account under this
section any employment-related costs that the Corporation is
directed to pay under section 4E (2) of that Act.
[8] Section 14 Employees of Corporation
Omit the section.
[9] Section 20L Definitions
Omit the definition of relevant health services organisation. Insert instead:
relevant health services organisation means:
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(a) an area health service, or
(b) a statutory health corporation prescribed by the
regulations, or
(c) an affiliated health organisation prescribed by the
regulations, or
(d) in the case of an incident involving the provision of
ambulance services under Chapter 5A of the Health
Services Act 1997 or the provision of health support
services under Part 1A of Chapter 10 of that Act--the
Director-General.
[10] Section 20O Responsibilities of RCA team in relation to reportable
incident
Omit "employee of the organisation" wherever occurring from section 20 (1)
and (2).
Insert instead "staff member".
[11] Section 20O (4)
Insert after section 20O (3):
(4) In this section:
staff member, in relation to a relevant health services
organisation, means:
(a) a member of the NSW Health Service who is employed
under Part 1 of Chapter 9 of the Health Services Act 1997
to enable the organisation to exercise its functions, or
(b) in the case of an affiliated health organisation that is not a
declared affiliated health organisation under that Act--an
employee of that organisation.
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Amendments to other Acts relating to employment of staff Schedule 4
Schedule 4 Amendments to other Acts relating to
employment of staff
(Section 6)
4.1 Aboriginal Housing Act 1998 No 47
[1] Section 16 Other functions
Insert at the end of the section:
(2) However, the AHO cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the AHO to exercise its functions.
[2] Section 34 Staff of AHO
Omit the section.
4.2 Art Gallery of New South Wales Act 1980 No 65
[1] Section 4 Definitions
Omit the definition of Director from section 4 (1). Insert instead:
Director means the Director of the Art Gallery holding office as
such under Chapter 1A of the Public Sector Employment and
Management Act 2002.
[2] Section 8 Powers of Trust
Insert after section 8 (10):
(11) However, the Trust cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Trust to exercise its functions.
[3] Section 11 Director and other staff
Omit the section.
[4] Section 13 Delegation by Trust
Omit "or to a person appointed or employed pursuant to section 11" from
section 13 (1).
Insert instead "or to an authorised person".
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[5] Section 13 (6)
Insert after section 13 (5):
(6) In this section, authorised person means the Director or any
other person employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government
Service to enable the Trust to exercise its functions.
[6] Section 14 Endowment
Omit "appointed or employed pursuant to section 11 (1)" from section 14 (2)
(a).
Insert instead "employed under Chapter 1A of the Public Sector Employment
and Management Act 2002 to enable the Trust to exercise its functions".
4.3 Australian Museum Trust Act 1975 No 95
[1] Section 4 Definitions
Omit the definition of Director. Insert instead:
Director means the Director of the Australian Museum holding
office as such under Chapter 1A of the Public Sector Employment
and Management Act 2002.
[2] Section 8 Powers of Trust
Insert after section 8 (10):
(11) However, the Trust cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Trust to exercise its functions.
[3] Section 11 Director and other staff
Omit the section.
[4] Section 13 Delegation by Trust
Omit "or to a person appointed or employed pursuant to section 11" from
section 13 (1).
Insert instead "or to an authorised person".
[5] Section 13 (6)
Insert after section 13 (5):
(6) In this section, authorised person means the Director or any
other person employed under Chapter 1A of the Public Sector
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Public Sector Employment Legislation Amendment Bill 2006
Amendments to other Acts relating to employment of staff Schedule 4
Employment and Management Act 2002 in the Government
Service to enable the Trust to exercise its functions.
4.4 Boxing and Wrestling Control Act 1986 No 11
[1] Section 4 The Authority
Insert after section 4 (2):
(2A) However, the Authority cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Authority to exercise its functions.
[2] Section 5 Staff of Authority
Omit the section.
4.5 Building and Construction Industry Long Service Payments
Act 1986 No 19
[1] Section 4 Constitution of Corporation
Insert after section 4 (4):
(4A) However, the Corporation cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Corporation to exercise its functions.
[2] Section 6 Staff of Corporation
Omit the section.
4.6 Cancer Institute (NSW) Act 2003 No 14
[1] Section 10 Chief Cancer Officer
Omit section 10 (6).
[2] Section 11 Staff of Cancer Institute
Omit the section.
[3] Section 12 General functions of Cancer Institute
Insert after section 12 (3):
(4) However, the Cancer Institute cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Cancer Institute to exercise its functions.
Page 73
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Schedule 4 Amendments to other Acts relating to employment of staff
4.7 Casino Control Act 1992 No 15
[1] Section 141 Functions of the Authority
Insert after section 141 (1):
(1A) The Authority cannot, however, employ any staff.
Note. Staff to enable the Authority to exercise its functions may be
employed under Chapter 1A of the Public Sector Employment and
Management Act 2002 in the Government Service. However, the
Authority may still, under section 145, arrange for the use of services of
staff or facilities of other agencies and for police officers to perform
services for the Authority, as well as engage consultants.
[2] Section 145 Staff etc
Omit section 145 (1) (a).
[3] Section 145 (2) (a)
Omit the paragraph. Insert instead:
(a) a person who is employed under Chapter 1A of the Public
Sector Employment and Management Act 2002 in the
Government Service to enable the Authority to exercise its
functions, or
[4] Schedule 2 Provisions concerning staff of the Authority
Omit clause 1.
[5] Schedule 2, clause 4
Omit "a person employed under section 145 (1) (a)".
Insert instead "a member of staff who is employed under Chapter 1A of the
Public Sector Employment and Management Act 2002 in the Government
Service to enable the Authority to exercise its functions".
[6] Schedule 2, clause 5 (c)
Omit "a person employed under section 145 (1)".
Insert instead "a member of staff who is employed under Chapter 1A of the
Public Sector Employment and Management Act 2002 in the Government
Service to enable the Authority to exercise its functions".
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Amendments to other Acts relating to employment of staff Schedule 4
4.8 Catchment Management Authorities Act 2003 No 104
[1] Section 4 Definitions
Insert in alphabetical order in section 4 (1):
general manager of an authority means the general manager of
the authority holding office as such under Chapter 1A of the
Public Sector Employment and Management Act 2002.
[2] Section 6 Catchment management authorities
Insert after section 6 (3):
(4) An authority cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable an authority to exercise its functions.
[3] Section 10 General manager and other staff
Omit the section.
4.9 Centennial Park and Moore Park Trust Act 1983 No 145
[1] Section 4 Definitions
Omit the definition of Director from section 4 (1). Insert instead:
Director means the Director of Centennial Park and Moore Park
holding office as such under Chapter 1A of the Public Sector
Employment and Management Act 2002.
[2] Section 9 Functions of Trust
Insert after section 9 (11):
(12) The Trust cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Trust to exercise its functions.
[3] Section 13 Officers and employees etc
Omit the section.
[4] Section 15 Delegation by Trust
Omit "or a person employed pursuant to section 13" from section 15 (1).
Insert instead "or an authorised person".
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[5] Section 15 (6)
Insert after section 15 (5):
(6) In this section, authorised person means any person employed
under Chapter 1A of the Public Sector Employment and
Management Act 2002 in the Government Service to enable the
Trust to exercise its functions.
4.10 Chiropractors Act 2001 No 15
[1] Section 4 Definitions
Omit the definition of Registrar. Insert instead:
Registrar means the Registrar of the Board holding office as such
under Chapter 1A of the Public Sector Employment and
Management Act 2002.
[2] Section 86 Functions of the Board
Insert after section 86 (2):
(3) The Board cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Board to exercise its functions.
[3] Section 88 Staff
Omit the section.
4.11 Commission for Children and Young People Act 1998 No 146
[1] Section 4 Commission
Insert after section 4 (3):
(4) The Commission cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Commission to exercise its functions.
[2] Section 7 Staff of Commission
Omit the section.
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Public Sector Employment Legislation Amendment Bill 2006
Amendments to other Acts relating to employment of staff Schedule 4
4.12 Community Relations Commission and Principles of
Multiculturalism Act 2000 No 77
[1] Section 9 Staff of Commission
Omit the section.
[2] Section 13 Functions of Commission
Insert at the end of the section:
(2) The Commission cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Commission to exercise its functions.
4.13 Dental Technicians Registration Act 1975 No 40
[1] Section 5 Definitions
Omit the definitions of inspector and secretary from section 5 (1).
Insert instead:
inspector means a person employed under Chapter 1A of the
Public Sector Employment and Management Act 2002 in the
Government Service to enable the board to exercise its functions
and who is appointed as an inspector for the purposes of this Act.
secretary means the secretary of the board holding office as such
under Chapter 1A of the Public Sector Employment and
Management Act 2002.
[2] Section 11 Staff
Omit the section.
[3] Section 13 Functions and duties of the board
Insert after section 13 (3):
(4) The board cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the board to exercise its functions.
Page 77
Public Sector Employment Legislation Amendment Bill 2006
Schedule 4 Amendments to other Acts relating to employment of staff
4.14 Education Act 1990 No 8
[1] Section 99 The Board of Studies
Insert after section 99 (2):
(3) The Board cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Board to exercise its functions.
[2] Section 104
Omit the section. Insert instead:
104 Board inspectors
(1) Schedule 1A has effect.
(2) The functions of a Board inspector under this Act may also be
exercised by any person whose services the Board has arranged
to make use of and who is appointed by the Board for the
purposes of exercising those functions.
[3] Section 105 Casual staff
Omit the section.
[4] Schedule 1A Board inspectors
Omit clause 1. Insert instead:
1 Application of Schedule
This Schedule applies to and in respect of such staff (referred to
in this Schedule as Board inspectors) as are employed under
Chapter 1A of the Public Sector Employment and Management
Act 2002 in a Division of the Government Service (other than a
Department within the meaning of that Act) on a temporary basis
for the purposes of:
(a) developing the school curriculum under this Act, and
(b) exercising functions in connection with approvals,
registrations and accreditations under Parts 7 and 8 of this
Act, and
(c) exercising such other functions as may be conferred on
Board inspectors under this Act or as may be determined
by the Board of Studies.
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Public Sector Employment Legislation Amendment Bill 2006
Amendments to other Acts relating to employment of staff Schedule 4
[5] Schedule 1A, clause 4 (2)
Omit the subclause.
4.15 Election Funding Act 1981 No 78
[1] Section 22 General functions
Insert after section 22 (2):
(3) The Authority cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Authority to exercise its functions.
[2] Section 99 Funding of other expenses
Omit "referred to in section 108" from section 99 (2).
Insert instead "to assist the Authority".
[3] Section 108 Staff
Omit the section.
[4] Section 110 Inspection
Omit the definition of inspector from section 110 (1). Insert instead:
inspector means a person:
(a) who is employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the
Government Service to enable the Authority to exercise its
functions, or
(b) whose services the Authority has arranged to make use of,
and who is appointed by the Authority as an inspector for the
purposes of this section.
4.16 Energy and Utilities Administration Act 1987 No 103
[1] Section 3 Definitions
Omit the definition of employee from section 3 (1).
[2] Section 9 Staff
Omit the section.
Page 79
Public Sector Employment Legislation Amendment Bill 2006
Schedule 4 Amendments to other Acts relating to employment of staff
[3] Section 12 Functions
Insert after section 12 (1):
(1A) However, the Corporation cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Corporation to exercise its functions.
[4] Schedule 1 Superannuation and other rights of employees of the
Corporation
Omit the Schedule.
4.17 Film and Television Office Act 1988 No 18
[1] Section 3 Definitions
Omit the definition of Director from section 3 (1). Insert instead:
Director means the Director of the Office holding office as such
under Chapter 1A of the Public Sector Employment and
Management Act 2002.
[2] Section 5 Staff of the Office
Omit the section.
[3] Section 6 Functions of the Office
Insert after section 6 (3):
(4) However, the Office cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Office to exercise its functions.
4.18 Food Act 2003 No 43
[1] Section 108 Functions of Food Authority
Insert after section 108 (2):
(3) The Food Authority cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Food Authority to exercise its functions.
[2] Section 109A Staff of Food Authority
Omit the section.
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Public Sector Employment Legislation Amendment Bill 2006
Amendments to other Acts relating to employment of staff Schedule 4
4.19 Forestry Act 1916 No 55
[1] Section 9 General powers of the commission
Omit ", and shall, subject to the provisions of the Public Service Act 1979,
have the control of officers and other persons appointed or employed under
this Act".
[2] Section 9
Insert at the end of the section.
The commission cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the commission to exercise its functions.
[3] Section 10 Training, research and collection of statistics
Omit section 10 (1).
[4] Section 10A Delegation
Insert "or authorised person (or a member of a specified class of authorised
persons), or" after "Assistant Commissioner" in section 10A (1) (a).
[5] Section 10A (1) (b) and (c)
Omit the paragraphs.
[6] Section 10A (7)
Insert after section 10A (6):
(7) In this section, authorised person means the secretary to the
commission or any person employed under Chapter 1A of the
Public Sector Employment and Management Act 2002 in the
Government Service to enable the commission to exercise its
functions.
4.20 Game and Feral Animal Control Act 2002 No 64
[1] Section 9 Functions of Game Council
Insert after section 9 (2):
(3) The Game Council cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Game Council to exercise its functions.
Page 81
Public Sector Employment Legislation Amendment Bill 2006
Schedule 4 Amendments to other Acts relating to employment of staff
[2] Section 12 Staff of Game Council
Omit the section.
4.21 Government Telecommunications Act 1991 No 77
[1] Section 36 Staff of the Authority
Omit the section.
[2] Section 37 General functions of the Authority
Insert after section 37 (2):
(3) However, the Authority cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Authority to exercise its functions.
4.22 Greyhound and Harness Racing Administration Act 2004
No 36
[1] Section 7 Functions of Authority
Insert after section 7 (3):
(4) The Authority cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Authority to exercise its functions.
[2] Section 10 Chief executive officer of Authority
Omit section 10 (1). Insert instead:
(1) The Minister may, on the recommendation of the Authority,
appoint a chief executive officer of the Authority.
(1A) The employment of the chief executive officer is subject to Part
3.1 of the Public Sector Employment and Management Act 2002,
but is not subject to Chapter 1A of that Act.
[3] Section 11 Staff of Authority
Omit the section.
4.23 Growth Centres (Development Corporations) Act 1974 No 49
[1] Section 3 Definitions
Omit section 3 (3).
Page 82
Public Sector Employment Legislation Amendment Bill 2006
Amendments to other Acts relating to employment of staff Schedule 4
[2] Section 32A
Omit the section. Insert instead:
32A Staff
A corporation cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable a corporation to exercise its functions.
4.24 Health Care Complaints Act 1993 No 105
[1] Section 4 Definitions
Omit the definition of officer of the Commission. Insert instead:
officer of the Commission means any person employed under
Chapter 1A of the Public Sector Employment and Management
Act 2002 in the Government Service to enable the Commission to
exercise its functions.
[2] Section 80 Functions of Commission
Insert after section 80 (4):
(5) The Commission cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Commission to exercise its functions.
[3] Section 82 Staff of the Commission
Omit the section.
4.25 Historic Houses Act 1980 No 94
[1] Section 4 Definitions and application of Act
Omit the definition of Director from section 4 (1). Insert instead:
Director means the Director of Historic Houses holding office as
such under Chapter 1A of the Public Sector Employment and
Management Act 2002.
[2] Section 8 Powers of Trust
Insert after section 8 (7):
(8) However, the Trust cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Trust to exercise its functions.
Page 83
Public Sector Employment Legislation Amendment Bill 2006
Schedule 4 Amendments to other Acts relating to employment of staff
[3] Section 13 Officers and employees
Omit the section.
[4] Section 15 Delegation by Trust
Omit "or to a person appointed or employed pursuant to section 13" from
section 15 (1).
Insert instead "or to an authorised person".
[5] Section 15 (6)
Insert after section 15 (5):
(6) In this section, authorised person means the Director or any
other person employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government
Service to enable the Trust to exercise its functions.
4.26 Home Care Service Act 1988 No 6
[1] Section 7 Functions of the Service
Insert after section 7 (2):
(3) However, the Service cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Service to exercise its functions.
[2] Section 8 Staff of the Service
Omit the section.
[3] Section 10 Delegation by Service
Omit "or any person employed by the Service".
Insert instead "or an authorised person".
[4] Section 10 (2)
Insert at the end of the section:
(2) In this section, authorised person means any person employed
under Chapter 1A of the Public Sector Employment and
Management Act 2002 in the Government Service to enable the
Service to exercise its functions.
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Amendments to other Acts relating to employment of staff Schedule 4
4.27 Housing Act 2001 No 52
[1] Section 7 Functions of Corporation generally
Insert after section 7 (2):
(3) The Corporation cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Corporation to exercise its functions.
[2] Section 14 Staff of Corporation
Omit the section.
4.28 Independent Pricing and Regulatory Tribunal Act 1992 No 39
[1] Section 5 Establishment of Tribunal
Insert after section 5 (2):
(3) The Tribunal cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Tribunal to exercise its functions.
[2] Section 8 Staff of Tribunal
Omit the section.
4.29 Institute of Sport Act 1995 No 52
[1] Section 3 Definitions
Insert in alphabetical order:
chief executive officer means the chief executive officer of the
Institute holding office as such under Chapter 1A of the Public
Sector Employment and Management Act 2002.
[2] Section 14 Powers of Institute
Insert after section 14 (3):
(4) However, the Institute cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Institute to exercise its functions.
[3] Section 17 Chief executive officer
Omit section 17 (1) and (2).
Page 85
Public Sector Employment Legislation Amendment Bill 2006
Schedule 4 Amendments to other Acts relating to employment of staff
[4] Section 18
Omit the section. Insert instead:
18 Regulations relating to certain staff
(1) This section applies to such staff as are employed under
Chapter 1A of the Public Sector Employment and Management
Act 2002 in a Division of the Government Service (other than a
Department within the meaning of that Act) to enable the
Institute to exercise its functions.
(2) The regulations may make provision for or with respect to the
employment of staff to which this section applies, including the
conditions of employment and the discipline of any such staff.
4.30 Institute of Teachers Act 2004 No 65
[1] Section 7 Functions of Institute
Insert after section 7 (5):
(6) The Institute cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Institute to exercise its functions.
[2] Section 15 Staff of Institute
Omit the section.
4.31 Internal Audit Bureau Act 1992 No 20
[1] Section 5 Functions of the Bureau
Insert after section 5 (2):
(3) However, the Bureau cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Bureau to exercise its functions.
[2] Sections 1012
Omit the sections.
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Public Sector Employment Legislation Amendment Bill 2006
Amendments to other Acts relating to employment of staff Schedule 4
4.32 Landlord and Tenant (Rental Bonds) Act 1977 No 44
[1] Section 5 Constitution of the Rental Bond Board
Insert after section 5 (3):
(4) The Board cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Board to exercise its functions.
[2] Section 7 Officers, employees etc
Omit the section.
4.33 Legal Aid Commission Act 1979 No 78
[1] Section 4 Definitions
Omit the definition of member of staff of the Commission from section 4 (1).
[2] Section 10 Functions of the Commission
Insert after section 10 (4):
(5) However, the Commission cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Commission to exercise its functions.
[3] Section 23 Appointment of members of staff of the Commission
Omit the section.
4.34 Library Act 1939 No 40
[1] Section 2 Definitions
Omit the definition of State Librarian. Insert instead:
State Librarian means the State Librarian holding office as such
under Chapter 1A of the Public Sector Employment and
Management Act 2002.
[2] Section 4B Powers of Council
Insert after section 4B (11):
(12) The Council cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Council to exercise its functions.
Page 87
Public Sector Employment Legislation Amendment Bill 2006
Schedule 4 Amendments to other Acts relating to employment of staff
[3] Section 7 State Librarian and other staff
Omit the section.
[4] Section 7B Delegation by Council
Omit "or to a person appointed or employed pursuant to section 7" from
section 7B (1).
Insert instead "or to an authorised person".
[5] Section 7B (6)
Insert after section 7B (5):
(6) In this section, authorised person means the State Librarian or
any other person employed under Chapter 1A of the Public
Sector Employment and Management Act 2002 in the
Government Service to enable the Council to exercise its
functions.
4.35 Lord Howe Island Act 1953 No 39
[1] Section 6 Employment of staff
Omit the section.
[2] Section 12 Powers, authorities, duties and functions of Board
Insert after section 12 (2):
(3) The Board cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Board to exercise its functions.
4.36 Motor Accidents Compensation Act 1999 No 41
[1] Section 201 Staff of Authority
Omit the section.
[2] Section 206 Functions of Authority
Insert after section 206 (4):
(5) The Authority cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Authority to exercise its functions.
Page 88
Public Sector Employment Legislation Amendment Bill 2006
Amendments to other Acts relating to employment of staff Schedule 4
4.37 Motor Vehicle Repairs Act 1980 No 71
[1] Section 4 Definitions
Omit the definition of inspector from section 4 (1). Insert instead:
inspector means a person:
(a) who is employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the
Government Service to enable the Authority to exercise its
functions, or
(b) whose services the Authority has arranged to make use of,
and who is appointed by the Authority as an inspector for the
purposes of this Act.
[2] Section 8 Functions of Authority
Insert after section 8 (3):
(4) The Authority cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Authority to exercise its functions.
[3] Section 11 Staff of Authority
Omit the section.
[4] Section 70 Delegation
Omit section 70 (1) (c). Insert instead:
(c) to any person employed under Chapter 1A of the Public
Sector Employment and Management Act 2002 in the
Government Service to enable the Authority to exercise its
functions,
[5] Section 74A
Insert after section 74:
74A Inspectors must have identification
(1) The Authority must issue a person appointed as an inspector with
a certificate of identification as an inspector.
(2) An inspector who exercises a function under this Act must
produce his or her certificate of identification if requested to do
so by a person apparently in charge of any premises on which the
function is carried out.
Page 89
Public Sector Employment Legislation Amendment Bill 2006
Schedule 4 Amendments to other Acts relating to employment of staff
4.38 Museum of Applied Arts and Sciences Act 1945 No 31
[1] Section 10 Staff
Omit the section.
[2] Section 14 Objects and functions of trustees
Insert at the end of the section:
(2) The trustees cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the trustees to exercise their functions.
4.39 National Parks and Wildlife Act 1974 No 80
[1] Section 5 Definitions
Omit the definition of officer of the Jenolan Caves Reserve Trust from
section 5 (1).
[2] Section 58W Functions of Trust
Insert after section 58W (6):
(7) The Trust cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Trust to exercise its functions.
[3] Section 58Y
Omit the section. Insert instead:
58Y Provisions relating to certain staff
Schedule 5A has effect.
[4] Schedule 5A
Omit the Schedule. Insert instead:
Schedule 5A Provisions relating to certain staff
(Section 58Y)
1 Definition
In this Schedule:
member of staff means a person who is employed under Chapter
1A of the Public Sector Employment and Management Act 2002
Page 90
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Amendments to other Acts relating to employment of staff Schedule 4
in a Division of the Government Service to enable the Jenolan
Caves Reserve Trust to exercise its functions.
2 Appointment and promotion on merit
(1) The appointment and promotion of members of staff are to be
made on the basis of the merit of the applicants for appointment
or promotion.
(2) The merit of persons eligible for appointment or promotion to a
vacant position is to be determined having regard to:
(a) the nature and duties of the position, and
(b) the abilities, qualifications, experience, standard of work
performance and personal qualities of those persons that
are relevant to the performance of those duties.
3 Legal proceedings not to be brought in respect of appointments
(1) The appointment or failure to appoint a person to a vacant
position as a member of staff, or any matter, question or dispute
relating to such an appointment or failure, is not an industrial
matter for the purposes of the Industrial Relations Act 1996.
(2) Subclause (1) applies whether or not a person has been appointed
to the vacant position.
(3) No proceedings, whether for an order in the nature of prohibition,
certiorari or mandamus, or for a declaration or injunction or for
any other relief, lie in respect of the appointment or failure to
appoint a person as a member of staff, the entitlement or
non-entitlement of a person to be so appointed or the validity or
invalidity of any such appointment.
(4) Subclause (3) does not affect the operation of the Government
and Related Employees Appeal Tribunal Act 1980.
4 Incapable member of staff may be retired
If:
(a) a member of staff is found to be unfit to discharge or
incapable of discharging the member's duties, and
(b) the member's unfitness or incapacity appears to be of a
permanent nature and has not arisen from actual
misconduct on the part of the member (or from causes
within the member's control),
the appropriate Division Head (within the meaning of the Public
Sector Employment and Management Act 2002) may cause the
member to be retired.
Page 91
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Schedule 4 Amendments to other Acts relating to employment of staff
4.40 Natural Resources Commission Act 2003 No 102
[1] Section 10 Staff of the Commission
Omit the section.
[2] Section 13 Specific functions
Insert at the end of the section:
(2) The Commission cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Commission to exercise its functions.
4.41 New South Wales Crime Commission Act 1985 No 117
[1] Section 3 Definitions
Omit the definition of member of the staff of the Commission from section 3
(1).
Insert instead:
member of staff of the Commission--see section 32.
[2] Section 8 Incidental powers of Commission
Insert at the end of the section:
(2) However, the Commission cannot employ any staff.
Note. Staff to enable the Commission to exercise its functions may be
employed under Chapter 1A of the Public Sector Employment and
Management Act 2002 in the Government Service. However, the
Commission may still, under section 32, arrange for the use of services
of staff or facilities of other agencies and for police officers to perform
services for the Commission, as well as engage consultants.
[3] Section 32 Staff
Omit section 32 (1) and (2). Insert instead:
(1) The staff of the Commission comprises:
(a) the staff who are employed under Chapter 1A of the Public
Sector Employment and Management Act 2002 in the
Government Service to enable the Commission to exercise
its functions, and
(b) the persons referred to in subsections (3), (4) and (5).
Page 92
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Amendments to other Acts relating to employment of staff Schedule 4
[4] Section 32 (7)
Insert after section 32 (6):
(7) The regulations may make provision for or with respect to the
appointment, conditions of employment, discipline, code of
conduct and termination of employment of staff of the
Commission (except in so far as, in the case of the staff who are
employed under Chapter 1A of the Public Sector Employment
and Management Act 2002, provision is made for those matters
by or under that Act).
4.42 New South Wales Institute of Psychiatry Act 1964 No 44
[1] Section 3 Constitution of New South Wales Institute of Psychiatry
Insert after section 3 (2):
(3) However, the Institute cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Institute to exercise its functions.
[2] Section 7 Public Sector Employment and Management Act 2002 not to
apply to members other than the Director
Omit "Except as provided by section 20, the". Insert instead "The".
[3] Section 20 Staff of Institute
Omit the section.
4.43 Nurses and Midwives Act 1991 No 9
[1] Section 10 Functions of Board
Insert after section 10 (2):
(3) The Board cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Board to exercise its functions.
[2] Section 13 Registrar and other staff
Omit the section.
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Schedule 4 Amendments to other Acts relating to employment of staff
4.44 Optical Dispensers Act 1963 No 35
[1] Section 2 Definitions
Omit the definition of Secretary from section 2 (1). Insert instead:
Secretary means the secretary of the board holding office as such
under Chapter 1A of the Public Sector Employment and
Management Act 2002.
[2] Section 4 Optical Dispensers Licensing Board
Insert at the end of the section:
(2) The Board cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Board to exercise its functions.
[3] Section 18 Staff
Omit the section.
4.45 Optometrists Act 2002 No 30
[1] Section 4 Definitions
Omit the definition of Registrar. Insert instead:
Registrar means the Registrar of the Board holding office as such
under Chapter 1A of the Public Sector Employment and
Management Act 2002.
[2] Section 90 Functions of the Board
Insert after section 90 (2):
(3) The Board cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Board to exercise its functions.
[3] Section 92 Staff
Omit the section.
Page 94
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Amendments to other Acts relating to employment of staff Schedule 4
4.46 Osteopaths Act 2001 No 16
[1] Section 4 Definitions
Omit the definition of Registrar. Insert instead:
Registrar means the Registrar of the Board holding office as such
under Chapter 1A of the Public Sector Employment and
Management Act 2002.
[2] Section 86 Functions of the Board
Insert after section 86 (2):
(3) The Board cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Board to exercise its functions.
[3] Section 88 Staff
Omit the section.
4.47 Parramatta Park Trust Act 2001 No 17
[1] Section 7 Functions of the Trust
Insert after section 7 (5):
(6) However, the Trust cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Trust to exercise its functions.
[2] Section 21 Staff of the Trust
Omit the section.
4.48 Parramatta Stadium Trust Act 1988 No 86
[1] Section 6 Powers of the Trust
Insert after section 6 (8):
(9) The Trust cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Trust to exercise its functions.
[2] Section 8 Staff of the Trust
Omit the section.
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Schedule 4 Amendments to other Acts relating to employment of staff
4.49 Physiotherapists Act 2001 No 67
[1] Section 4 Definitions
Omit the definition of Registrar. Insert instead:
Registrar means the Registrar of the Board holding office as such
under Chapter 1A of the Public Sector Employment and
Management Act 2002.
[2] Section 87 Functions of the Board
Insert after section 87 (2):
(3) The Board cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Board to exercise its functions.
[3] Section 89 Staff
Omit the section.
4.50 Podiatrists Act 2003 No 69
[1] Section 4 Definitions
Omit the definition of Registrar. Insert instead:
Registrar means the Registrar of the Board holding office as such
under Chapter 1A of the Public Sector Employment and
Management Act 2002.
[2] Section 86 Functions of the Board
Insert after section 86 (2):
(3) The Board cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Board to exercise its functions.
[3] Section 88 Staff
Omit the section.
Page 96
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Amendments to other Acts relating to employment of staff Schedule 4
4.51 Police Integrity Commission Act 1996 No 28
[1] Section 4 Definitions
Omit the definition of staff of the Commission from section 4 (1).
Insert instead:
staff of the Commission--see section 10.
[2] Section 8 Assistant Commissioners
Omit "employed as referred to in section 10 (1) or (2)" from section 8 (3).
[3] Section 8 (4)
Omit "employed as referred to in section 10 (2)".
[4] Section 10 Staff
Omit section 10 (1) and (2). Insert instead:
(1) The staff of the Commission comprises:
(a) the staff who are employed under Chapter 1A of the Public
Sector Employment and Management Act 2002 in the
Government Service to enable the Commission to exercise
its functions, and
(b) the persons referred to in subsections (3) and (4).
[5] Section 22 Incidental powers
Insert at the end of the section:
(2) However, the Commission cannot employ any staff.
Note. Staff to enable the Commission to exercise its functions may be
employed under Chapter 1A of the Public Sector Employment and
Management Act 2002 in the Government Service. However, the
Commission may still, under section 10, arrange for the use of services
of staff or facilities of other agencies and for police officers to perform
services for the Commission, as well as engage consultants.
4.52 Ports Corporatisation and Waterways Management Act 1995
No 13
[1] Section 40
Omit the section. Insert instead:
40 Regulations relating to certain staff
(1) This section applies to and in respect of such staff as are
employed under Chapter 1A of the Public Sector Employment
Page 97
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Schedule 4 Amendments to other Acts relating to employment of staff
and Management Act 2002 in the Government Service to enable
the Waterways Authority to exercise its functions.
(2) The regulations may make provision for or with respect to the
staff of the Waterways Authority, including the conditions of
employment and the discipline of any such staff.
(3) Any such regulations relating to the conditions of employment or
the discipline of staff to which this section applies:
(a) have effect subject to any State industrial instrument
relating to that staff, and
(b) have effect despite any determination under section 4E (1)
of the Public Sector Employment and Management Act
2002.
[2] Section 41 Functions of Authority
Insert after section 41 (3):
(4) However, the Authority cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Authority to exercise its functions.
4.53 Poultry Meat Industry Act 1986 No 101
[1] Section 3 Definitions
Omit the definition of secretary of the Committee from section 3 (1).
Insert instead:
secretary of the Committee means the secretary of the committee
holding office as such under Chapter 1A of the Public Sector
Employment and Management Act 2002.
[2] Section 5 Staff of Committee
Omit the section.
[3] Section 6 Functions of Committee
Insert after section 6 (3):
(4) The Committee cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Committee to exercise its functions.
Page 98
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Amendments to other Acts relating to employment of staff Schedule 4
4.54 Protection of the Environment Administration Act 1991
No 60
[1] Section 7 General functions of Authority
Insert after section 7 (2):
(3) The Authority cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Authority to exercise its functions.
[2] Section 20 Staff of Authority
Omit the section.
4.55 Psychologists Act 2001 No 69
[1] Section 4 Definitions
Omit the definition of Registrar. Insert instead:
Registrar means the Registrar of the Board holding office as such
under Chapter 1A of the Public Sector Employment and
Management Act 2002.
[2] Section 86 Functions of the Board
Insert after section 86 (3):
(4) The Board cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Board to exercise its functions.
[3] Section 88 Staff
Omit the section.
4.56 RedfernWaterloo Authority Act 2004 No 107
[1] Section 11 Staff of Authority
Omit the section.
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Schedule 4 Amendments to other Acts relating to employment of staff
[2] Section 15 Functions--generally
Insert after section 15 (4):
(5) The Authority cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Authority to exercise its functions.
4.57 Royal Botanic Gardens and Domain Trust Act 1980 No 19
[1] Section 4 Definitions
Omit the definition of Executive Director from section 4 (1). Insert instead:
Executive Director means the Executive Director of the Royal
Botanic Gardens and Domain holding office as such under
Chapter 1A of the Public Sector Employment and Management
Act 2002.
[2] Section 8 Powers of Trust
Insert after section 8 (10):
(11) However, the Trust cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Trust to exercise its functions.
[3] Section 12 Officers and employees
Omit the section.
[4] Section 14 Delegation by Trust
Omit "or to a person employed pursuant to section 12 (1)" from section 14 (1).
Insert instead "or to an authorised person".
[5] Section 14 (6)
Insert after section 14 (5):
(6) In this section, authorised person means the Executive Director
or any other person who is employed under Chapter 1A of the
Public Sector Employment and Management Act 2002 to enable
the Trust to exercise its functions.
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Amendments to other Acts relating to employment of staff Schedule 4
[6] Section 15 Endowment
Omit section 15 (2) (a). Insert instead:
(a) the remuneration of any person who is employed under
Chapter 1A of the Public Sector Employment and
Management Act 2002 in the Government Service to
enable the Trust to exercise its functions, or
4.58 Rural Assistance Act 1989 No 97
[1] Section 8 Other functions
Insert after section 8 (2):
(3) The Authority cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Authority to exercise its functions.
[2] Part 2, Division 4 Staff of the Authority
Omit the Division.
4.59 Rural Lands Protection Act 1998 No 143
[1] Section 23 Staff of State Council
Omit the section.
[2] Section 24 Functions of State Council
Omit section 24 (2) (g) and (h).
[3] Section 24 (3)
Insert after section 24 (2):
(3) The State Council cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the State Council to exercise its functions.
[4] Section 42 Functions generally
Insert after section 42 (3):
(4) A board cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable a board to exercise its functions.
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Schedule 4 Amendments to other Acts relating to employment of staff
(5) A person is to be employed under Chapter 1A of the Public
Sector Employment and Management Act 2002 in the
Government Service as a full-time district veterinarian for each
district (other than a district located in the Western Division).
(6) A person must not be employed as the district veterinarian for a
district unless the person is registered as a veterinary surgeon
under the Veterinary Surgeons Act 1986 or as a veterinary
practitioner under the Veterinary Practice Act 2003.
[5] Section 43 Staff of boards
Omit the section.
[6] Dictionary
Omit the definition of Chief Executive Officer. Insert instead:
Chief Executive Officer means the Chief Executive Officer of
the State Council holding office as such under Chapter 1A of the
Public Sector Employment and Management Act 2002.
4.60 Small Business Development Corporation Act 1984 No 119
[1] Section 6 Functions of the Corporation
Insert at the end of the section:
(2) The Corporation cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Corporation to exercise its functions.
[2] Sections 8 and 9
Omit the sections.
[3] Section 11 Delegation
Omit "section 8 (2)" from section 11 (1) (e).
Insert instead "Chapter 1A of the Public Sector Employment and Management
Act 2002 in the Government Service".
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Amendments to other Acts relating to employment of staff Schedule 4
4.61 State Records Act 1998 No 17
[1] Section 66 Principal functions of the Authority
Insert after section 66 (2):
(2A) However, the Authority cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Authority to exercise its functions.
[2] Section 68 Staff of the Authority
Omit the section.
4.62 State Sports Centre Trust Act 1984 No 68
[1] Section 3 Definitions
Omit the definition of Director from section 3 (1). Insert instead:
Director means the Director of the State Sports Centre holding
office as such under Chapter 1A of the Public Sector Employment
and Management Act 2002 in the Government Service.
[2] Section 7 Powers of the Trust
Insert after section 7 (1):
(1A) The Trust cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Trust to exercise its functions.
[3] Section 9 Power to appoint staff etc
Omit the section.
[4] Section 10 Director of the State Sports Centre
Omit section 10 (1).
[5] Section 10 (3)
Omit "a person designated as Director". Insert instead "the Director".
[6] Schedule 3, heading
Omit "a person designated as Director". Insert instead "the Director".
[7] Schedule 3, clauses 1 (2) and 3 (2)
Omit the subclauses.
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Schedule 4 Amendments to other Acts relating to employment of staff
[8] Schedule 3, clauses 4 (2) and 5 (2) (b) and (3) (b)
Omit "designated" wherever occurring. Insert instead "appointed".
4.63 Superannuation Administration Act 1996 No 39
[1] Section 50 Principal functions of STC
Insert after section 50 (2):
(3) However, STC cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable STC to exercise its functions.
[2] Section 75 Staff of STC
Omit the section.
4.64 Surveying Act 2002 No 83
[1] Section 3 Definitions
Omit the definition of Registrar of the Board from section 3 (1).
Insert instead:
Registrar of the Board means the Registrar of the Board holding
office as such under Chapter 1A of the Public Sector Employment
and Management Act 2002 in the Government Service.
[2] Section 28 Functions of Board
Insert after section 28 (2):
(3) The Board cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Board to exercise its functions.
[3] Section 29 Registrar and other staff
Omit the section.
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Amendments to other Acts relating to employment of staff Schedule 4
4.65 Sydney 2009 World Masters Games Organising Committee
Act 2005 No 65
[1] Section 9 Supplemental and incidental functions
Insert at the end of the section:
(2) However, SWMGOC cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable SWMGOC to exercise its functions.
[2] Section 16 Staff of SWMGOC
Omit the section.
[3] Section 28
Omit the section. Insert instead:
28 Transfer of staff
(1) The group of staff employed who, immediately before 30 June
2010, were employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in a Department of the
Public Service to enable SWMGOC to exercise its functions are
removed from that Department and added to the Department of
the Arts, Sport and Recreation.
(2) The removal of any such group of staff from the Department
concerned and its addition to the Department of the Arts, Sport
and Recreation is taken to have been done under section 104 of
the Public Sector Employment and Management Act 2002 and
nothing in this section affects the power conferred by that Act to
remove the group of staff concerned from a department and add
it to another department.
[4] Schedule 3 Amendment of Acts as consequence of dissolution
Omit Schedule 3.2. Insert instead:
3.2 Public Sector Employment and Management Act 2002
No 43
Schedule 1 Divisions of the Government Service
Omit the matter relating to the Office of the Sydney 2009 World
Masters Games Organising Committee and the SWMGOC Division
from Parts 1 and 3, respectively.
Page 105
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Schedule 4 Amendments to other Acts relating to employment of staff
4.66 Sydney Cricket and Sports Ground Act 1978 No 72
[1] Section 4 Definitions
Omit the definition of Secretary from section 4 (1). Insert instead:
Secretary means the Secretary of the Trust holding office as such
under Chapter 1A of the Public Sector Employment and
Management Act 2002.
[2] Section 5 Constitution of Trust
Insert after section 5 (2):
(3) The Trust cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Trust to exercise its functions.
[3] Section 28 Secretary and staff
Omit the section.
4.67 Sydney Harbour Foreshore Authority Act 1998 No 170
[1] Section 12 Functions--generally
Insert after section 12 (2):
(3) The Authority cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Authority to exercise its functions.
[2] Section 31 Staff of Authority
Omit the section.
[3] Section 32 Rangers
Omit section 32 (1). Insert instead:
(1) The Authority may appoint a person employed under Chapter 1A
of the Public Sector Employment and Management Act 2002 in
the Government Service to be a ranger for the purposes of this
Act.
[4] Section 32 (1A)
Omit "officers or employees of a body corporate providing services to the
Authority under section 31 (4)".
Insert instead "engaged by the Authority to provide services to the Authority".
Page 106
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4.68 Sydney Olympic Park Authority Act 2001 No 57
[1] Section 13 Functions--generally
Insert at the end of the section:
(2) The Authority cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Authority to exercise its functions.
[2] Section 64 Staff of authority
Omit the section.
[3] Section 65 Rangers
Omit section 65 (1). Insert instead:
(1) The Authority may appoint a person employed under Chapter 1A
of the Public Sector Employment and Management Act 2002 in
the Government Service to be a ranger for the purposes of this
Act.
[4] Section 65 (2)
Omit "officers or employees of a corporation that provides services to the
Authority under section 64 (4)".
Insert instead "engaged by the Authority to provide services to the Authority".
4.69 Sydney Opera House Trust Act 1961 No 9
[1] Section 4 Objects and functions of Trust
Insert after section 4 (6):
(7) The Trust cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Trust to exercise its functions.
[2] Section 16 Staff of Trust
Omit the section.
4.70 Sydney Water Catchment Management Act 1998 No 171
[1] Section 12 Staff
Omit the section.
Page 107
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Schedule 4 Amendments to other Acts relating to employment of staff
[2] Section 15 General functions
Insert after section 15 (2):
(3) The Authority cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Authority to exercise its functions.
4.71 Teacher Housing Authority Act 1975 No 27
[1] Section 7 Appointment etc of members
Omit section 7 (1) (c). Insert instead:
(c) one is to be a person employed under Chapter 1A of the
Public Sector Employment and Management Act 2002 in
the Government Service and whose principal duty is the
management of the Authority's activities.
[2] Section 12 Staff establishment of Authority and appointment of officers
and employees
Omit the section.
[3] Section 13 Powers, authorities, duties and functions of Authority
Insert after section 13 (2):
(3) The Authority cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Authority to exercise its functions.
4.72 Technical and Further Education Commission Act 1990
No 118
[1] Section 5 Functions
Insert after section 5 (2):
(3) However, the TAFE Commission cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the TAFE Commission to exercise its functions.
[2] Section 8 Delegation of functions
Omit section 8 (3) (b).
[3] Part 6, heading
Omit "Staff". Insert instead "Provisions relating to certain staff".
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Amendments to other Acts relating to employment of staff Schedule 4
[4] Section 15
Omit the section. Insert instead:
15 Application of Part
This Part applies to the group of staff employed under Chapter
1A of the Public Sector Employment and Management Act 2002
in a Division of the Government Service (other than a
Department within the meaning of that Act) to enable the TAFE
Commission to exercise its functions.
[5] Section 16 Salary, conditions etc of staff
Omit the section.
[6] Section 17
Omit the section. Insert instead:
17 Regulations relating to certain staff
(1) The regulations may make provision for or with respect to the
staff to which this Part applies, including the conditions of
employment and the discipline of any such staff.
(2) Any such regulations relating to the conditions of employment or
the discipline of the staff to which this Part applies:
(a) have effect subject to any State industrial instrument
relating to that staff, and
(b) have effect despite any determination under section 4E (1)
of the Public Sector Employment and Management Act
2002, and
(c) are subject to Part 3.1 of the Public Sector Employment
and Management Act 2002.
[7] Section 18 Appointments and promotion on merit
Omit section 18 (1). Insert instead:
(1) The appointment of any staff to which this Part applies and any
promotions for such staff are to be made on the basis of the merit
of the applicants for appointment or promotion.
[8] Section 18A Special arrangements for staff mobility between TAFE
Commission and Department of Education and Training
Omit the section.
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Schedule 4 Amendments to other Acts relating to employment of staff
[9] Section 19 Legal proceedings not to be brought in respect of
appointments etc
Omit "on the staff of the TAFE Commission" wherever occurring in
section 19 (1) and (3).
Insert instead "in the group of staff to which this Part applies".
[10] Section 20
Omit the section. Insert instead:
20 Incapable member of staff may be retired
If:
(a) a member of staff to which this Part applies is found to be
unfit to discharge or incapable of discharging the
member's duties, and
(b) the member's unfitness or incapacity appears to be of a
permanent nature and has not arisen from actual
misconduct on the part of the member (or from causes
within the member's control),
the appropriate Division Head (within the meaning of the Public
Sector Employment and Management Act 2002) may cause the
member to be retired.
[11] Section 21 Use of staff or facilities of Departments etc
Omit the section.
[12] Section 22 Extended or long service leave
Omit section 22 (1). Insert instead:
(1) This section applies to all staff to which this Part applies who are
employed on a full-time basis.
[13] Section 22 (2)
Omit "Members of staff of the TAFE Commission".
Insert instead "The staff".
4.73 Tourism New South Wales Act 1984 No 46
[1] Section 6 Staff of Tourism New South Wales
Omit the section.
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Public Sector Employment Legislation Amendment Bill 2006
Amendments to other Acts relating to employment of staff Schedule 4
[2] Section 8 Powers of Tourism New South Wales
Insert after section 8 (6):
(7) However, Tourism New South Wales cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable Tourism New South Wales to exercise its functions.
4.74 Tow Truck Industry Act 1998 No 111
[1] Section 8 Functions of TTA
Insert after section 8 (3):
(4) The TTA cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the TTA to exercise its functions.
[2] Section 11 Staff of TTA
Omit the section.
4.75 Transport Administration Act 1988 No 109
[1] Section 20 Constitution of STA
Insert after section 20 (2):
(3) The State Transit Authority cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the STA to exercise its functions.
[2] Section 42B Constitution of Independent Transport Safety and
Reliability Regulator
Insert after section 42B (2):
(3) The ITSRR cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the ITSRR to exercise its functions.
[3] Section 46 Constitution of RTA
Insert after section 46 (2):
(3) The Roads and Traffic Authority cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the RTA to exercise its functions.
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Schedule 4 Amendments to other Acts relating to employment of staff
[4] Part 7
Omit the Part. Insert instead:
Part 7 Provisions relating to certain staff
Division 1 Regulations relating to staff employed in
connection with an Authority or ITSRR
56 Application of Division
This Division applies to and in respect of such staff as are
employed under Chapter 1A of the Public Sector Employment
and Management Act 2002 in a Division of the Government
Service (other than a Department within the meaning of that Act)
to enable an Authority or the ITSRR to exercise its functions.
57 Regulations relating to staff to which this Division applies
(1) The regulations may make provision for or with respect to the
staff to which this Division applies, including the conditions of
employment and the discipline of any such staff.
(2) Any such regulations relating to the conditions of employment or
the discipline of the staff to which this Division applies:
(a) have effect subject to any State industrial instrument
relating to that staff, and
(b) have effect despite any determination under section 4E (1)
of the Public Sector Employment and Management Act
2002, and
(c) are subject to Part 3.1 of the Public Sector Employment
and Management Act 2002, and
(d) in the case of staff employed in a Division of the
Government Service to enable the State Transit Authority
to exercise its functions--may provide for appeals by
members of staff in connection with their employment,
including appeals to a Transport Appeal Board constituted
under the Transport Appeal Boards Act 1980.
58 Extended leave
Schedule 5 has effect.
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Amendments to other Acts relating to employment of staff Schedule 4
Division 2 Staff of Chief Investigator
59 Employment of staff
(1) The Chief Investigator may appoint such staff as the Chief
Investigator requires to exercise the Chief Investigator's
functions.
(2) Those members of staff are taken to be employed by the
Government of New South Wales in the service of the Crown,
except as provided by subsection (3).
(3) The Chief Investigator is, for the purposes of any proceedings
relating to those members of staff held before a competent
tribunal having jurisdiction to deal with industrial matters, taken
to be the employer of the staff.
(4) The Chief Investigator may enter into an agreement with any
association or organisation representing a group or class of those
members of staff with respect to industrial matters.
(5) Any such agreement binds all persons in the class or group
affected by the agreement, and no such person (whether a
member of the association or organisation with which the
agreement was entered into or not) has any right of appeal against
the terms of the agreement.
(6) An agreement under this section is not an enterprise agreement
within the meaning of the Industrial Relations Act 1996.
However, the Chief Investigator may enter into such an
enterprise agreement as the employer of the members of staff
concerned.
60 Salary, wages and conditions of staff
The Chief Investigator may fix the salary, wages and conditions
of employment of any staff appointed under section 59 (1) in so
far as they are not fixed by or under any other Act or law.
61 Regulations relating to staff of Chief Investigator
(1) The regulations may make provision for or with respect to the
employment of staff appointed under section 59 (1), including the
conditions of employment and the discipline of any such staff.
(2) Any such regulations relating to the conditions of employment or
the discipline of staff:
(a) have effect subject to any relevant award made by a
competent industrial tribunal and to any industrial
agreement to which the Chief Investigator is a party, and
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Public Sector Employment Legislation Amendment Bill 2006
Schedule 4 Amendments to other Acts relating to employment of staff
(b) have effect despite any determination of the Chief
Investigator under section 60, and
(c) have effect subject to Part 3.1 of the Public Sector
Employment and Management Act 2002.
[5] Schedule 5, heading
Omit "for staff of each Authority and the Independent Transport Safety
and Reliability Regulator".
Insert instead "for certain staff".
[6] Schedule 5
Omit "(Section 68)". Insert instead "(Section 58)".
[7] Schedule 8 State Rail Authority
Omit "Sections 6668 and Schedule 5 apply" from clause 11 (3).
Insert instead "Schedule 5 applies".
4.76 Treasury Corporation Act 1983 No 75
[1] Section 4 New South Wales Treasury Corporation
Insert after section 4 (9):
(10) The Corporation cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Corporation to exercise its functions.
[2] Section 4C Staff of Corporation and other persons
Omit the section.
[3] Schedule 2 Provisions relating to the rights of certain staff of the
Corporation
Omit the Schedule.
4.77 Vocational Education and Training Accreditation Act 1990
No 120
[1] Section 4 Definitions
Omit the definition of General Manager from section 4 (1). Insert instead:
General Manager means the General Manager of the Board
holding office as such under Chapter 1A of the Public Sector
Employment and Management Act 2002.
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Amendments to other Acts relating to employment of staff Schedule 4
[2] Section 6 Objects and functions of the Board
Insert after section 6 (2):
(3) The Board cannot, however, employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Board to exercise its functions.
[3] Section 7 Staff of the Board
Omit the section.
4.78 Vocational Education and Training Act 2005 No 100
[1] Section 4 Definitions
Omit the definition of Director from section 4 (1). Insert instead:
Director means the Director of the Board holding office as such
under Chapter 1A of the Public Sector Employment and
Management Act 2002.
[2] Section 6 Objects and functions of Board
Insert after section 6 (2):
(3) The Board cannot, however, employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Board to exercise its functions.
[3] Section 7 Staff of Board
Omit the section.
4.79 Water Management Act 2000 No 92
[1] Section 285 Water supply authorities
Insert after section 285 (2):
(3) A corporation listed in Part 1 of Schedule 3 cannot employ any
staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable such a corporation to exercise its functions.
[2] Section 290 Employees
Omit the section.
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4.80 Wild Dog Destruction Act 1921 No 17
[1] Section 3A The Wild Dog Destruction Board
Insert after section 3A (2):
(2A) The board cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the board to exercise its functions.
[2] Section 24 Board may employ persons
Omit the section.
4.81 Wollongong Sportsground Act 1986 No 174
[1] Section 4 Constitution of the Trust
Insert after section 4 (2):
(3) The Trust cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Trust to exercise its functions.
[2] Section 21 Power to employ staff
Omit the section.
4.82 Workplace Injury Management and Workers Compensation
Act 1998 No 86
[1] Section 17 Staff of Authority
Omit the section.
[2] Section 22 General functions of the Authority
Insert after section 22 (3):
(4) The Authority cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Authority to exercise its functions.
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Amendments to other Acts relating to employment of staff Schedule 4
4.83 Zoological Parks Board Act 1973 No 34
[1] Section 5 Constitution of the Board
Insert after section 5 (2):
(3) However, the Board cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to
enable the Board to exercise its functions.
[2] Section 12
Omit the section. Insert instead:
12 Director of Zoological Parks Board
(1) The Minister may, in consultation with the Board, appoint a
Director of the Zoological Parks Board.
(2) The employment of the Director is subject to Part 3.1 of the
Public Sector Employment and Management Act 2002, but is not
subject to Chapter 1A of that Act.
[3] Section 12A Preservation of rights of certain employees
Omit the section.
[4] Section 13 Use of officers or employees
Omit the section.
[5] Schedule 1 Preservation of rights of certain employees
Omit the Schedule.
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Schedule 5 Consequential amendment of other Acts and instruments
Schedule 5 Consequential amendment of other Acts
and instruments
(Section 7)
5.1 Ambulance Services Regulation 2005
[1] Parts 4 and 5
Omit the Parts.
[2] Schedule 1 Counting of votes
Omit the Schedule.
5.2 Anti-Discrimination Act 1977 No 48
[1] Section 122A Definitions
Omit "(a), (b) or (c)" from the definition of authority. Insert instead "(a)(c)".
[2] Section 122B Application of Part 9A--authorities
Omit section 122B (1) (b). Insert instead:
(b) each Division of the Government Service to which section
4H of the Public Sector Employment and Management Act
2002 applies, and
[3] Section 122D Exercise of functions of authorities under Part 9A
Omit section 122D (b). Insert instead:
(b) in the case of an authority referred to in section 122B (1)
(b)--by the Division Head within the meaning of the
Public Sector Employment and Management Act 2002, or
5.3 Government and Related Employees Appeal Tribunal Act
1980 No 39
[1] Section 4 Definitions
Insert after paragraph (a) of the definition of employee in section 4 (1):
(a1) a person who is employed under Chapter 1A of the Public
Sector Employment and Management Act 2002 in a
Division of the Government Service other than a
Department within the meaning of that Act,
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(a2) a person who is employed under Part 1 of Chapter 9 of the
Health Services Act 1997 in the NSW Health Service to
enable a public health organisation to exercise its
functions,
[2] Section 4 (1), definition of "employee"
Insert "(a1), (a2)," after "(a)," in paragraph (e).
[3] Section 4 (1), definition of "employer"
Omit "Public Employment Office" wherever occurring from paragraph (a).
Insert instead "Director of Public Employment (within the meaning of the
Public Sector Employment and Management Act 2002)".
[4] Section 4 (1), definition of "employer"
Insert after paragraph (a):
(a1) in relation to an employee of the class referred to in
paragraph (a1) of that definition--the appropriate Division
Head within the meaning of the Public Sector Employment
and Management Act 2002,
(a2) in relation to an employee of the class referred to in
paragraph (a2) of that definition--the Director-General of
the Department of Health,
[5] Section 4 (1), definition of "employer"
Omit paragraph (c1).
[6] Section 4 (1), definition of "Public Employment Office"
Omit the definition.
[7] Section 19 Publication of notices
Insert after section 19 (1) (a):
(a1) in the case of an employer who is a Division Head (within
the meaning of the Public Sector Employment and
Management Act 2002) of a Division of the Government
Service other than a Department, if the person appointed or
whose appointment is recommended is an employee in that
Division, or
(a2) in the case of an employer who is the Director-General of
the Department of Health, if the person appointed or whose
appointment is recommended is a member of the NSW
Health Service employed in or in connection with a public
health organisation or other division of that Service, or
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Schedule 5 Consequential amendment of other Acts and instruments
[8] Section 19 (1A)
Insert after section 19 (1):
(1A) In the case of an employer referred to in subsection (1) (a2), the
employees of the employer are, for the purpose of distributing the
notice under subsection (1), those members of the NSW Health
Service who are employed in or in connection with the public
health organisation or other division of that Service in which the
vacant office forms part.
[9] Section 20 Right of appeal
Insert after section 20 (a):
(a1) an employee, being a person employed under Chapter 1A
of the Public Sector Employment and Management Act
2002 in a Division of the Government Service other than a
Department, may appeal to the Tribunal against a decision
of the employee's employer (being the appropriate
Division Head within the meaning of that Act) to appoint
or recommend the appointment of another employee in
that Division to fill a vacant office in that Division, and
(a2) an employee, being a member of the NSW Health Service
employed in or in connection with a public health
organisation or other division of that Service, may appeal
to the Tribunal against a decision of the employee's
employer (being the Director-General of the Department
of Health) to appoint or recommend the appointment of
another employee employed in or in connection with that
organisation or division to fill a vacant office in or in
connection with that public health organisation or division,
and
[10] Section 20 (b)
Omit "not being an officer within the meaning of section 3 (1) of the Public
Sector Management Act 1988".
Insert instead "not being an officer referred to in paragraph (a), (a1) or (a2)".
[11] Section 21 Excluded circumstances
Omit "paragraph (c), (d) or (e)" from section 21 (1) (j) (iii).
Insert instead "paragraph (a1), (a2), (c), (d) or (e)".
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Consequential amendment of other Acts and instruments Schedule 5
[12] Section 22 Effect of failure to notify vacancy
Omit "Public Service" from section 22 (a).
Insert instead "Government Service or the NSW Health Service".
[13] Section 22 (b) and (c)
Omit section 22 (b). Insert instead:
(b) if the vacant position is one in the Government Service--
only employees employed in the same Division (within the
meaning of the Public Sector Employment and
Management Act 2002) of which the vacant office forms
part, or
(c) if the vacant position is one in the NSW Health Service--
only employees employed in or in connection with the
same public health organisation or other division of that
Service of which the vacant office forms part,
[14] Section 57 Service of notices
Insert after section 57 (1) (b):
(b1) in the case of an employer who is the Director-General of
the Department of Health and the notice is given by (or
relates to) a member of the NSW Health Service who is
employed in connection with a public health
organisation--by delivering it to the chief executive
officer of the public health organisation or by sending by
pre-paid post to the chief executive officer at the principal
office of the organisation,
(b2) in the case of an employer who is the Director-General of
the Department of Health and the notice is given by (or
relates to) a member of the NSW Health Service who is
employed in the Ambulance Service of NSW (within the
meaning of the Health Services Act 1997)--by delivering
it to the chief executive officer of the Ambulance Service
of NSW or by sending by pre-paid post to the chief
executive officer at the principal office of the Ambulance
Service of NSW,
[15] Schedule 6 Savings, transitional and other provisions
Insert at the end of clause 1A (1):
Public Sector Employment Legislation Amendment Act 2006, to
the extent that it amends this Act
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Schedule 5 Consequential amendment of other Acts and instruments
5.4 Health Records and Information Privacy Act 2002 No 71
Section 4 Definitions
Omit paragraph (c) of the definition of public sector official in section 4 (1).
Insert instead:
(c) a person employed in the Government Service, the
Teaching Service, the NSW Health Service or NSW
Police,
5.5 Independent Commission Against Corruption Act 1988
No 35
[1] Section 3 Definitions
Insert in alphabetical order in section 3 (1):
member of staff of the Commission means:
(a) a member of staff appointed by the Commissioner under
section 104, or
(b) a person whose services are made use of under section
104A or who performs services for the Commission under
that section.
[2] Section 3 (1), definition of "officer of the Commission"
Omit the definition. Insert instead:
officer of the Commission means:
(a) the Commissioner, or
(b) an Assistant Commissioner, or
(c) a member of staff of the Commission, or
(d) a person engaged by the Commission under section 104B
to provide the Commission with services, information or
advice.
[3] Sections 104, 104A and 104B
Omit section 104. Insert instead:
104 Appointment of staff
(1) The Commissioner may appoint, as members of staff of the
Commission, such persons (including a Director of Operations
and a Director of Administration) as may be necessary to enable
the Commission to exercise its functions.
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(2) Those persons are taken to be employed by the Government of
New South Wales in the service of the Crown, except as provided
by subsection (9).
(3) Each person who is appointed as a member of staff of the
Commission under this section:
(a) continues, subject to the provisions of this section and the
terms of the person's appointment, to be employed as a
member of staff at the discretion of the Commissioner, and
(b) is, in the persons' capacity as such a member, subject to the
control and direction of the Commissioner.
(4) Chapter 1A of the Public Sector Employment and Management
Act 2002 does not apply to the appointment or employment of a
person under this section as a member of staff of the
Commission.
(5) The person appointed as the Director of Operations or as the
Director of Administration is to be appointed for a term not
exceeding 5 years, but is eligible for re-appointment.
(6) The Commissioner may fix the salaries, wages, allowances and
conditions of employment of the staff employed under this
section in so far as they are not fixed by or under another Act or
law.
(7) The Commissioner may enter into an agreement with any
association or organisation representing a group or class of staff
employed under this section with respect to industrial matters.
Any such agreement binds all persons in the class or group
affected by the agreement, and no such person (whether a
member of the association or organisation with which the
agreement was entered into or not) has any right of appeal against
the terms of the agreement.
(8) An agreement under subsection (7) is not an enterprise agreement
within the meaning of the Industrial Relations Act 1996.
However, the Commissioner may enter into such an enterprise
agreement as the employer of the members of staff concerned.
(9) The Commissioner is, for the purposes of any proceedings
relating to staff employed under this section held before a
competent tribunal having jurisdiction to deal with such matters,
taken to be the employer of the staff.
(10) An appeal does not lie to the Government and Related Employees
Appeal Tribunal concerning a promotional or disciplinary matter
affecting any staff employed under this section.
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Schedule 5 Consequential amendment of other Acts and instruments
(11) None of the following matters, and no matter, question or dispute
relating to any of the following matters, is an industrial matter for
the purposes of the Industrial Relations Act 1996:
(a) the appointment of, or failure to appoint, a person to any
position as a member of staff of the Commission,
(b) the removal, retirement, termination of employment or
other cessation of office of a person in any such position,
(c) any disciplinary proceedings or disciplinary action taken
against a person employed under this section.
(12) Schedule 3 has effect with respect to the rights of staff employed
under this section.
104A Arrangements for use of services of other staff
(1) The Commission may:
(a) with the approval of the Minister responsible for the
department or authority concerned, and
(b) on such terms and conditions as may be approved by the
Minister administering this Act,
arrange for the use (by secondment or otherwise) of the services
of any staff or facilities of a government department or public
authority.
(2) The Commission may:
(a) with the approval of the Minister for Police after that
Minister has consulted the Commissioner of Police, and
(b) on such terms and conditions as may be approved by the
Minister administering this Act,
arrange for one or more police officers to be made available (by
way of secondment or otherwise) to perform services for the
Commission.
(3) The Public Sector Employment and Management Act 2002 does
not apply in relation to any such members of staff of the
Commission and such a member of staff is not subject to that Act.
(4) Members of the staff of the Commission referred to in this section
are under the control and direction of the Commissioner in their
capacity as such members.
(5) The Commission may terminate an arrangement under
subsection (1) or (2) at any time, and no appeal or other
proceedings may be brought, in respect of the termination, by or
on behalf of the person concerned.
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Consequential amendment of other Acts and instruments Schedule 5
(6) After the termination of such an arrangement respecting a former
member of the staff of the Commission:
(a) disciplinary proceedings or disciplinary action may, in
accordance with the procedures applicable to his or her
principal employment, be taken against the former
member in connection with any act or omission committed
while a member of that staff, and
(b) any such act or omission shall, for the purposes of
paragraph (a), be taken to have been committed by the
former member in the course of or during his or her
principal employment, and
(c) no court or tribunal may make an order reinstating or
having the effect of reinstating the former member as a
member of the staff of the Commission.
104B Commission may engage consultants
The Commission may engage any suitably qualified person to
provide the Commission with services, information or advice.
[4] Schedule 3 Rights of certain staff of Commission
Omit "(Section 104 (11))". Insert instead "(Section 104 (12))".
[5] Schedule 3, clause 1, definition of "member of staff"
Omit the definition. Insert instead:
member of staff means a member of staff of the Commission who
is employed under section 104 otherwise than on a temporary
basis.
[6] Schedule 3, clause 2 (4) and (5) (b)
Omit "Commission" wherever occurring. Insert instead "Commissioner".
[7] Schedule 3, clause 3 (a)
Omit "by the Commission". Insert instead "under section 104".
[8] Schedule 3, clause 4
Omit "member of the Police Force" wherever occurring.
Insert instead "police officer".
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Schedule 5 Consequential amendment of other Acts and instruments
[9] Schedule 4 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Public Sector Employment Legislation Amendment Act 2006, to
the extent that it amends this Act
[10] Schedule 4, Part 6
Insert after Part 5:
Part 6 Provisions consequent on enactment of
Public Sector Employment Legislation
Amendment Act 2006
16 Definitions
In this Part:
amending Act means the Public Sector Employment Legislation
Amendment Act 2006.
relevant commencement means the date on which Schedule 5.5
to the amending Act commences.
17 Existing staff of Commission
(1) Each person who, immediately before the relevant
commencement:
(a) was employed by the Commission under section 104 is, on
that commencement, taken to have been appointed, in
accordance with section 104 as substituted by the
amending Act, as a member of staff of the Commission
and to hold the same staff position that the person held
immediately before that commencement, and
(b) was a member of staff of the Commission pursuant to any
arrangements under section 104 is, on that
commencement, taken to be a member of staff under
section 104A (as inserted by the amending Act).
(2) Any such person who, pursuant to subclause (1) (a), is taken to be
appointed and employed as a member of staff of the Commission:
(a) retains any rights to leave (including annual leave,
extended leave and sick leave) accrued or accruing to the
person as an employee of the Commission before the
relevant commencement, and
(b) is, until such time as provision is otherwise made under
this or any other Act or law, to continue to be employed in
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Consequential amendment of other Acts and instruments Schedule 5
accordance with any State industrial instrument or
determination that applied to the person as an employee of
the Commission.
5.6 Industrial Relations Act 1996 No 17
Dictionary
Omit the definition of public sector employee. Insert instead:
public sector employee includes an employee of a public
authority and a member of the Government Service, NSW Police,
the NSW Health Service or the Teaching Service.
5.7 Interpretation Act 1987 No 15
[1] Section 21 Meaning of commonly used words and expressions
Insert in alphabetical order in section 21 (1):
NSW Health Service means the NSW Health Service referred to
in the Health Services Act 1997.
[2] Section 21B
Insert after section 21A:
21B Construction of references in relation to the Government Service
In any Act, in any instrument made under any Act or in any other
instrument of any kind:
(a) a reference to the Government Service is to be read as a
reference to the Government Service within the meaning
of the Public Sector Employment and Management Act
2002, and
(b) a reference to a member of the Government Service is to
be read as a reference to a member of staff of any Division
of the Government Service.
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Schedule 5 Consequential amendment of other Acts and instruments
5.8 National Parks and Wildlife Amendment (Jenolan Caves
Reserves) Act 2005 No 83
[1] Schedule 1 Amendment of National Parks and Wildlife Act 1974
Omit proposed clause 50 of Schedule 3 to the National Parks and Wildlife Act
1974 from Schedule 1 [25].
Insert instead:
50 Transfer of staff to Department
The persons employed, immediately before the repeal of
section 58V by the amending Act, under Chapter 1A of the
Public Sector Employment and Management Act 2002 in a
Division of the Government Service to enable the Trust to
exercise its functions are transferred to the Department and
become members of staff of the Department.
[2] Schedule 1, item [25]
Omit proposed clause 57 (1) (e) of Schedule 3 to the National Parks and
Wildlife Act 1974.
Insert instead:
(e) clause 50 operates only in relation to a person who was,
immediately before the repeal of section 58V by the
amending Act, employed under Chapter 1A of the Public
Sector Employment and Management Act 2002 in the
Jenolan Caves Reserve Trust Division of the Government
Service as the Jenolan ranger or as a permanent or
temporary member of staff of the Wombeyan Caves, the
Abercrombie Caves or the Karst Conservation Unit in that
Division, and
[3] Schedule 2 Amendment of other legislation
Insert after Schedule 2.4:
2.4A Public Sector Employment and Management Act 2002
No 43
Schedule 1 Divisions of the Government Service
Omit the matter relating to the Jenolan Caves Reserve Trust Division
from Part 2 of the Schedule.
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5.9 Pay-roll Tax Act 1971 No 22
[1] Section 10 Exemptions from pay-roll tax
Omit section 10 (1) (b1). Insert instead:
(b1) by the Crown in connection with a public hospital or an
area health service within the meaning of the Health
Services Act 1997,
[2] Section 10 (1) (b2)
Omit the paragraph. Insert instead:
(b2) by the Crown in respect of the Home Care Service,
[3] Section 10 (1) (c1)
Omit the paragraph.
[4] Section 10 (1A)
Insert "(b2)," after "(b1),".
[5] Section 10 (1A) (c)
Insert "(as referred to in subsection (1) (b))" after "a public hospital".
[6] Section 10 (1A) (c1) and (c2)
Omit section 10 (1A) (c1). Insert instead:
(c1) the Crown in respect of staff employed in connection with
a public hospital or an area health service when the staff
are engaged in work of a kind ordinarily performed in
connection with the conduct of public hospitals or of the
area health service concerned,
(c2) the Crown in respect of staff employed under Chapter 1A
of the Public Sector Employment and Management Act
2002 in the Government Service to enable the Home Care
Service to exercise its functions for time when the staff are
engaged in work of a kind ordinarily performed in
connection with the conduct of the Home Care Service,
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Schedule 5 Consequential amendment of other Acts and instruments
5.10 Privacy and Personal Information Protection Act 1998
No 133
Section 3 Definitions
Omit paragraph (c) of the definition of public sector official in section 3 (1).
Insert instead:
(c) a person employed in the Government Service, the
Teaching Service, the NSW Health Service or NSW
Police,
5.11 Transport Administration (General) Regulation 2005
[1] Clause 13 Manager
Omit "section 60 of the Act" from clause 13 (1).
Insert instead "Chapter 1A of the Public Sector Employment and Management
Act 2002".
[2] Clause 15 Staff
Omit the clause.
Page 130
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