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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Public Sector Restructure
(Miscellaneous Acts Amendments)
Bill 2009
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The object of this Bill is to amend various Acts as a consequence of the Public Sector
Employment and Management (Departmental Amalgamations) Order 2009 (which
commenced on 1 July 2009) and to implement further administrative reforms in
relation to the public sector. Most of the amendments made by this Act either update
references to various Divisions of the Government Service (or to positions in the
Government Service) as a consequence of the amalgamations effected by that Order
(the departmental amalgamations order) or rationalise the way in which certain
Acts are administered as a result of those amalgamations.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act.
Clause 3 makes it clear the explanatory notes contained in the Schedules to the
proposed Act do not form part of the Act.
Schedules 140 make amendments to the following Acts and instrument:
Aboriginal Housing Act 1998 No 47
b2009-119-35.d02b
Public Sector Restructure (Miscellaneous Acts Amendments) Bill 2009
Explanatory note
Children and Young Persons (Care and Protection) Act 1998 No 157
Children Legislation Amendment (Wood Inquiry Recommendations) Act 2009 No 13
Community Relations Commission and Principles of Multiculturalism Act 2000
No 77
Crimes (Administration of Sentences) Act 1999 No 93
Dairy Industry Act 2000 No 54
Fire Brigades Act 1989 No 192
Food Act 2003 No 43
Housing Act 2001 No 52
Institute of Sport Act 1995 No 52
Internal Audit Bureau Act 1992 No 20
Mental Health (Forensic Provisions) Act 1990 No 10
Motor Accidents Compensation Act 1999 No 41
Motor Accidents (Lifetime Care and Support) Act 2006 No 16
Ombudsman Act 1974 No 68
Parliamentary Precincts Act 1997 No 66
Police Act 1990 No 47
Public Finance and Audit Act 1983 No 152
Public Sector Employment and Management Act 2002 No 43
Public Sector Employment and Management (Departmental Amalgamations) Order
2009
Rural Fires Act 1997 No 65
Rural Fires Amendment Act 2009 No 74
Sporting Venues Authorities Act 2008 No 65
State Emergency Service Act 1989 No 164
State Property Authority Act 2006 No 40
Sydney Olympic Park Authority Act 2001 No 57
Teacher Housing Authority Act 1975 No 27
Western Sydney Parklands Act 2006 No 92
Workers Compensation Act 1987 No 70
Workplace Injury Management and Workers Compensation Act 1998 No 86
Young Offenders Act 1997 No 54
Youth Advisory Council Act 1989 No 39
The amendments are explained in the explanatory note appearing at the end of the
relevant Schedule relating to the Act or instrument concerned.
Explanatory note page 2
First print
New South Wales
Public Sector Restructure
(Miscellaneous Acts Amendments)
Bill 2009
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Explanatory notes 2
Schedule 1 Amendment of Aboriginal Housing Act 1998 No 47 3
Schedule 2 Amendment of Children and Young Persons (Care and
Protection) Act 1998 No 157 5
Schedule 3 Amendment of Children Legislation Amendment (Wood
Inquiry Recommendations) Act 2009 No 13 6
Schedule 4 Amendment of Community Relations Commission and
Principles of Multiculturalism Act 2000 No 77 7
Schedule 5 Amendment of Crimes (Administration of Sentences)
Act 1999 No 93 8
Schedule 6 Amendment of Dairy Industry Act 2000 No 54 10
Schedule 7 Amendment of Fire Brigades Act 1989 No 192 11
Schedule 8 Amendment of Food Act 2003 No 43 12
Schedule 9 Amendment of Housing Act 2001 No 52 13
Schedule 10 Amendment of Institute of Sport Act 1995 No 52 14
b2009-119-35.d02b
Public Sector Restructure (Miscellaneous Acts Amendments) Bill 2009
Contents
Page
Schedule 11 Amendment of Internal Audit Bureau Act 1992 No 20 15
Schedule 12 Amendment of Mental Health (Forensic Provisions)
Act 1990 No 10 16
Schedule 13 Amendment of Motor Accidents Compensation Act 1999
No 41 17
Schedule 14 Amendment of Motor Accidents (Lifetime Care and
Support) Act 2006 No 16 19
Schedule 15 Amendment of Ombudsman Act 1974 No 68 21
Schedule 16 Amendment of Parliamentary Precincts Act 1997 No 66 22
Schedule 17 Amendment of Police Act 1990 No 47 23
Schedule 18 Amendment of Public Finance and Audit Act 1983 No 152 24
Schedule 19 Amendment of Public Sector Employment and
Management Act 2002 No 43 25
Schedule 20 Amendment of Public Sector Employment and
Management (Departmental Amalgamations) Order 2009 27
Schedule 21 Amendment of Rural Fires Act 1997 No 65 28
Schedule 22 Amendment of Rural Fires Amendment Act 2009 No 74 29
Schedule 23 Amendment of Sporting Venues Authorities Act 2008
No 65 30
Schedule 24 Amendment of State Emergency Service Act 1989
No 164 33
Schedule 25 Amendment of State Property Authority Act 2006 No 40 34
Schedule 26 Amendment of Sydney Olympic Park Authority Act 2001
No 57 35
Schedule 27 Amendment of Teacher Housing Authority Act 1975
No 27 39
Schedule 28 Amendment of Western Sydney Parklands Act 2006
No 92 41
Schedule 29 Amendment of Workers Compensation Act 1987 No 70 42
Schedule 30 Amendment of Workplace Injury Management and
Workers Compensation Act 1998 No 86 43
Schedule 31 Amendment of Young Offenders Act 1997 No 54 45
Schedule 32 Amendment of Youth Advisory Council Act 1989 No 39 47
Contents page 2
New South Wales
Public Sector Restructure
(Miscellaneous Acts Amendments)
Bill 2009
No , 2009
A Bill for
An Act to amend certain legislation as a consequence of recent administrative
changes involving departmental amalgamations and to implement further reforms in
relation to the public sector.
Clause 1 Public Sector Restructure (Miscellaneous Acts Amendments) Bill 2009
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Public Sector Restructure (Miscellaneous Acts 3
Amendments) Act 2009. 4
2 Commencement 5
(1) This Act commences on the date of assent to this Act, except as 6
provided by this section. 7
(2) Schedule 15 commences on a day to be appointed by proclamation. 8
(3) Schedule 20 is taken to have commenced on 1 July 2009. 9
3 Explanatory notes 10
The matter appearing under the heading "Explanatory note" in any of 11
the Schedules to this Act does not form part of this Act. 12
Page 2
Public Sector Restructure (Miscellaneous Acts Amendments) Bill 2009
Amendment of Aboriginal Housing Act 1998 No 47 Schedule 1
Schedule 1 Amendment of Aboriginal Housing Act 1
1998 No 47 2
[1] Section 4 Definitions 3
Omit the definition of Chief Executive Officer. 4
Insert instead in alphabetical order: 5
Director-General means the person exercising functions under 6
the Public Sector Employment and Management Act 2002 as the 7
Division Head of the relevant Government Service Division. 8
relevant Government Service Division means the Division of the 9
Government Service comprising the group of staff who are 10
employed under Chapter 1A of the Public Sector Employment 11
and Management Act 2002 to enable the AHO to exercise its 12
functions. 13
[2] Section 7 Status of AHO 14
Omit "a Chief Executive Officer. The AHO" from the note. 15
[3] Section 17 Delegation of functions 16
Omit paragraph (a) of the definition of authorised person in section 17 (3). 17
Insert instead: 18
(a) a member of staff of the relevant Government Service 19
Division, or 20
[4] Section 30 Board of AHO 21
Omit section 30 (2) (a). Insert instead: 22
(a) the Director-General or a member of staff of the relevant 23
Government Service Division nominated by the 24
Director-General, 25
[5] Sections 33, 38 and 40 26
Omit "Chief Executive Officer" wherever occurring. 27
Insert instead "Director-General". 28
[6] Section 35 Aboriginal Housing Fund 29
Omit "AHO's staff" from section 35 (3). 30
Insert instead "staff of the relevant Government Service Division who are 31
principally involved in the administration of this Act". 32
Page 3
Public Sector Restructure (Miscellaneous Acts Amendments) Bill 2009
Schedule 1 Amendment of Aboriginal Housing Act 1998 No 47
[7] Section 40 Seal of AHO 1
Omit "the staff of the AHO". 2
Insert instead "staff of the relevant Government Service Division". 3
[8] Schedule 1 Constitution and procedure of Board 4
Omit "Chief Executive Officer" from clause 12 (1). 5
Insert instead "Director-General (or the Director-General's nominee)". 6
Explanatory note 7
The proposed amendments: 8
(a) confer on the Director-General of the Department of Human Services (which is 9
the Division of the Government Service in which the staff assigned to the 10
Aboriginal Housing Office are employed) the functions of the Chief Executive 11
Officer of the Aboriginal Housing Office, and 12
(b) update references to the staff of the AHO as a consequence of the departmental 13
amalgamations order. 14
Page 4
Public Sector Restructure (Miscellaneous Acts Amendments) Bill 2009
Amendment of Children and Young Persons (Care and Protection) Act 1998 Schedule 2
No 157
Schedule 2 Amendment of Children and Young 1
Persons (Care and Protection) Act 1998 2
No 157 3
[1] Sections 33 (1) and 86 (2) 4
Omit "within the Department" wherever occurring. 5
Insert instead "in that part of the Department comprising those members of 6
staff who are principally involved in the administration of this Act". 7
[2] Section 245B Interpretation 8
Insert after section 245B (2): 9
(2A) In this Chapter: 10
(a) a reference to a prescribed body includes a reference to any 11
part (however described) of the prescribed body, and 12
(b) a reference to another prescribed body includes a reference 13
to another part of the same prescribed body. 14
[3] Section 248 Provision and exchange of information 15
Omit paragraph (a) of the definition of prescribed body in section 248 (6). 16
Insert instead: 17
(a) the NSW Police Force, a Division of the Government 18
Service or a public authority, or 19
[4] Section 248 (6), definition of "prescribed body" 20
Insert at the end of the definition: 21
, and a reference in this section to any such prescribed body 22
includes a reference to any part (however described) of the 23
prescribed body. 24
Explanatory note 25
The proposed amendments are consequential on the changes made by the 26
departmental amalgamations order and in particular make it clear that information may, 27
under the new Chapter 16A of the above Act, be exchanged between the different parts 28
of an agency. 29
Page 5
Public Sector Restructure (Miscellaneous Acts Amendments) Bill 2009
Schedule 3 Amendment of Children Legislation Amendment (Wood Inquiry
Recommendations) Act 2009 No 13
Schedule 3 Amendment of Children Legislation 1
Amendment (Wood Inquiry 2
Recommendations) Act 2009 No 13 3
[1] Schedule 1.1 Amendments relating to recommendations 6.2 and 10.1 4
Omit paragraphs (g)(i) of the definition of relevant agency in proposed 5
section 27A (1) in Schedule 1.1 [8]. 6
Insert instead: 7
(g) the Department of Human Services, 8
[2] Schedule 1.1 [8], proposed section 27A (1) 9
Renumber paragraph (j) of the definition of relevant agency as paragraph (h). 10
[3] Schedule 3.1 Amendment of Commission for Children and Young People 11
Act 1998 No 146 12
Omit "Department of Community Services" wherever occurring in Schedule 13
3.1 [6], [8] and [9]. 14
Insert instead "Department of Human Services". 15
Explanatory note 16
The proposed amendments update references to agencies as a consequence of the 17
departmental amalgamations order. 18
Page 6
Public Sector Restructure (Miscellaneous Acts Amendments) Bill 2009
Amendment of Community Relations Commission and Principles of Schedule 4
Multiculturalism Act 2000 No 77
Schedule 4 Amendment of Community Relations 1
Commission and Principles of 2
Multiculturalism Act 2000 No 77 3
[1] Schedule 1 Provisions relating to commissioners 4
Omit clause 2 (3) (including the note). Insert instead: 5
(3) During any absence of the Chairperson, the Director-General of 6
Communities NSW, or a member of staff of Communities NSW 7
nominated by the Director-General, has and may exercise all the 8
functions of the Chairperson and is taken to be the Chairperson. 9
[2] Schedule 1, clause 2 (4) 10
Omit "a full-time". Insert insert instead "the". 11
[3] Schedule 1, clause 4 (2) (b) 12
Omit ", acting Chairperson". 13
[4] Schedule 2 Provisions relating to procedure of Commission 14
Omit clause 4 (1). Insert instead: 15
(1) The Chairperson is to preside at a meeting of the Commission. If 16
the Chairperson is temporarily absent from the meeting, the 17
Deputy Chairperson is to preside at the meeting. 18
Explanatory note 19
The proposed amendments provide for the Director-General of Communities NSW to 20
have the functions of Chairperson of the Community Relations Commission when the 21
appointed Chairperson is absent. 22
Page 7
Public Sector Restructure (Miscellaneous Acts Amendments) Bill 2009
Schedule 5 Amendment of Crimes (Administration of Sentences) Act 1999 No 93
Schedule 5 Amendment of Crimes (Administration 1
of Sentences) Act 1999 No 93 2
[1] Whole Act (except sections 3 (1) (definition of "law enforcement 3
agency"), 78 (3), 128A (2) (b), 193 (3) and (4) and 252A (1) and Schedule 5 4
and except where otherwise amended by this Schedule) 5
Omit "the Department" wherever occurring. 6
Insert instead "Corrective Services NSW". 7
[2] Section 3 Interpretation 8
Omit the definitions of Commissioner and Department from section 3 (1). 9
Insert instead in alphabetical order: 10
Commissioner means the Commissioner of Corrective Services, 11
Department of Justice and Attorney General. 12
Corrective Services NSW means that part of the Department of 13
Justice and Attorney General comprising the group of staff who 14
are principally involved in the administration of this Act. 15
[3] Section 235A Acquisition or use of assumed identity 16
Omit "the Department of Corrective Services". 17
Insert instead "Corrective Services NSW". 18
[4] Section 242 Monitoring 19
Insert "of Justice and Attorney General" after "Department" in section 242 (6). 20
[5] Section 267 Research 21
Omit "The Department" in section 267 (7). 22
Insert instead "Corrective Services NSW". 23
[6] Schedule 5 Savings, transitional and other provisions 24
Insert at the end of the Schedule with appropriate Part and clause numbering: 25
Part Provisions consequent on enactment of 26
Public Sector Restructure (Miscellaneous 27
Acts Amendments) Act 2009 28
Construction of references to Department of Corrective Services 29
A reference in any Act (other than this Act) or statutory 30
instrument, or any other instrument, or any contract or 31
Page 8
Public Sector Restructure (Miscellaneous Acts Amendments) Bill 2009
Amendment of Crimes (Administration of Sentences) Act 1999 No 93 Schedule 5
agreement, to the Department of Corrective Services (required by 1
clause 20 of the Public Sector Employment and Management 2
(Departmental Amalgamations) Order 2009 to be construed as a 3
reference to the Department of Justice and Attorney General), or 4
to an office of Corrective Services, is to be construed as a 5
reference to Corrective Services NSW. 6
Explanatory note 7
The proposed amendments: 8
(a) make it clear that the position of Commissioner of Corrective Services is a 9
position in the Department of Justice and Attorney General (but without 10
affecting the exercise of the Commissioner's statutory functions under the 11
above Act), and 12
(b) recognise Corrective Services NSW as being that part of the Department of 13
Justice and Attorney General in which persons are employed to administer the 14
above Act. 15
Page 9
Public Sector Restructure (Miscellaneous Acts Amendments) Bill 2009
Schedule 6 Amendment of Dairy Industry Act 2000 No 54
Schedule 6 Amendment of Dairy Industry Act 2000 1
No 54 2
[1] Section 3 Definitions 3
Insert in alphabetical order: 4
Chief Executive Officer of the Food Authority means the person 5
holding office as such under Chapter 1A of the Public Sector 6
Employment and Management Act 2002. 7
member of staff of the Food Authority has the same meaning as 8
in the Food Act 2003. 9
[2] Section 20 Authority to take proceedings 10
Omit section 20 (1). Insert instead: 11
(1) Any information, complaint or other legal proceeding under this 12
Act may be laid or taken in the name of the Food Authority by the 13
Chief Executive Officer of the Authority or by any other member 14
of staff of the Food Authority authorised by the Food Authority 15
in that behalf either generally or in any particular case. 16
[3] Section 20 (3) 17
Omit "The Director-General of or other officer". 18
Insert instead "The Chief Executive Officer or other member of staff". 19
[4] Section 20 (3) 20
Omit "the Director-General or other officer". 21
Insert instead "the Chief Executive Officer or other member of staff". 22
[5] Sections 21 and 22 23
Omit "Director-General" wherever occurring. 24
Insert instead "Chief Executive Officer". 25
Explanatory note 26
The proposed amendments are consequential on the departmental amalgamations 27
order which requires references to the Director-General of the Food Authority to be 28
construed as references to the Chief Executive Officer of that Authority. 29
Page 10
Public Sector Restructure (Miscellaneous Acts Amendments) Bill 2009
Amendment of Fire Brigades Act 1989 No 192 Schedule 7
Schedule 7 Amendment of Fire Brigades Act 1989 1
No 192 2
Section 78A 3
Insert after section 78: 4
78A Temporary assignment of Departmental staff and fire brigade 5
members to carry out work for Police and Emergency Services 6
NSW 7
(1) A member of staff of New South Wales Fire Brigades or a 8
member of a permanent fire brigade may, with the concurrence 9
of the Commissioner, be temporarily assigned by the Division 10
Head of Police and Emergency Services NSW (referred to in this 11
section as the Department) to carry out work for the Department 12
on a full-time or part-time basis. 13
(2) The member's employment as a member of New South Wales 14
Fire Brigades or as a member of the permanent fire brigade 15
(including the continuity of that employment) is not affected by 16
the temporary assignment of the member to carry out work for the 17
Department. 18
(3) Without limiting subsection (2), the member, while carrying out 19
that work for the Department: 20
(a) continues to hold his or her position in New South Wales 21
Fire Brigades or continues to be a member of the 22
permanent fire brigade (as the case requires), and 23
(b) may continue to exercise the functions of that position or 24
the functions as a member of the permanent fire brigade (as 25
the case requires), and 26
(c) is taken to be carrying out that work as a member of staff 27
of New South Wales Fire Brigades or as a member of the 28
permanent fire brigade (as the case requires). 29
(4) This section does not limit the provisions of this or any other Act 30
or law relating to the transfer to the Department (by statutory 31
order, secondment or otherwise) of staff of New South Wales 32
Fire Brigades or members of a permanent fire brigade. 33
Explanatory note 34
The proposed amendment enables New South Wales Fire Brigades staff to be 35
temporarily assigned to carry out work for Police and Emergency Services NSW. 36
Page 11
Public Sector Restructure (Miscellaneous Acts Amendments) Bill 2009
Schedule 8 Amendment of Food Act 2003 No 43
Schedule 8 Amendment of Food Act 2003 No 43 1
[1] Section 4 Definitions 2
Insert in alphabetical order in section 4 (1): 3
Chief Executive Officer means the Chief Executive Officer of 4
the Food Authority holding office as such under Chapter 1A of 5
the Public Sector Employment and Management Act 2002. 6
[2] Section 4 (1), definition of "Director-General" 7
Omit the definition. 8
[3] Sections 107, 115A (1) (a) and (b) and 120 (9) 9
Omit "Director-General" wherever occurring. 10
Insert instead "Chief Executive Officer". 11
[4] Schedule 2 Savings, transitional and other provisions 12
Insert at the end of the Schedule with appropriate Part and clause numbering: 13
Part Provisions consequent on enactment of 14
Public Sector Restructure (Miscellaneous 15
Acts Amendments) Act 2009 16
Construction of references to Director-General of Food Authority 17
A reference in any Act (other than this Act) or statutory 18
instrument, or any other instrument, or any contract or 19
agreement, to the Director-General of the Food Authority is to be 20
construed as a reference to the Chief Executive Officer of the 21
Food Authority. 22
Explanatory note 23
The proposed amendments are consequential on the departmental amalgamations 24
order which requires references to the Director-General of the Food Authority to be 25
construed as a reference to the Chief Executive Officer of that Authority. 26
Page 12
Public Sector Restructure (Miscellaneous Acts Amendments) Bill 2009
Amendment of Housing Act 2001 No 52 Schedule 9
Schedule 9 Amendment of Housing Act 2001 No 52 1
[1] Section 15 Delegations 2
Insert after section 15 (1): 3
(1A) A delegate of the Corporation may sub-delegate to a person any 4
function delegated by the Corporation if the delegate is 5
authorised to do so by the Corporation. 6
[2] Section 15 (2A) 7
Insert after section 15 (2): 8
(2A) A delegate of the Director-General may sub-delegate to an officer 9
of the Department any function delegated by the 10
Director-General if the delegate is authorised to do so by the 11
Director-General. 12
Explanatory note 13
The proposed amendments enable the subdelegation of functions under the above Act. 14
Page 13
Public Sector Restructure (Miscellaneous Acts Amendments) Bill 2009
Schedule 10 Amendment of Institute of Sport Act 1995 No 52
Schedule 10 Amendment of Institute of Sport Act 1
1995 No 52 2
[1] Section 6 Establishment of Board 3
Omit section 6 (2) (b). Insert instead: 4
(b) the Director-General of Communities NSW or a member 5
of staff of Communities NSW nominated by the 6
Director-General. 7
[2] Schedule 1 Provisions relating to members and procedure of Board 8
Omit "Director-General of the Department of Sport and Recreation" from the 9
definition of appointed member in clause 1. 10
Insert instead "member referred to in section 6 (2) (b)". 11
Explanatory note 12
The proposed amendments: 13
(a) enable the Director-General of Communities NSW to nominate a member of 14
staff as the ex-officio member of the Board of the NSW Institute of Sport, and 15
(b) update references to a department as a consequence of the departmental 16
amalgamations order. 17
Page 14
Public Sector Restructure (Miscellaneous Acts Amendments) Bill 2009
Amendment of Internal Audit Bureau Act 1992 No 20 Schedule 11
Schedule 11 Amendment of Internal Audit Bureau Act 1
1992 No 20 2
Section 6 Establishment of the Board 3
Insert after section 6 (2) (b): 4
(b1) the Director-General of the Department of Services, 5
Technology and Administration or a member of staff of 6
that Department nominated by the Director-General, and 7
Explanatory note 8
The proposed amendment provides for the Director-General of the Department of 9
Services, Technology and Administration to be a member of the Board of Management 10
of the Internal Audit Bureau. 11
Page 15
Public Sector Restructure (Miscellaneous Acts Amendments) Bill 2009
Schedule 12 Amendment of Mental Health (Forensic Provisions) Act 1990 No 10
Schedule 12 Amendment of Mental Health (Forensic 1
Provisions) Act 1990 No 10 2
[1] Sections 32A (1) (b), 33 (5A) (a), 35 (2) (c), 41 (3) (a), 58 (note), 76C, 3
76D (2), 76E (4), 76J (1), 76K (1) and 77C 4
Omit "Department of Juvenile Justice" wherever occurring. 5
Insert instead "Department of Human Services". 6
[2] Section 76C Functions of Commissioner of Corrective Services and 7
Director-General of Department of Human Services 8
Insert at the end of the section: 9
(2) The Director-General of the Department of Human Services may 10
delegate any of the Director-General's functions under this 11
Division (other than this power of delegation) to the Chief 12
Executive of Juvenile Justice, Department of Human Services. 13
Explanatory note 14
The proposed amendments are consequential on the departmental amalgamations 15
order. 16
Page 16
Public Sector Restructure (Miscellaneous Acts Amendments) Bill 2009
Amendment of Motor Accidents Compensation Act 1999 No 41 Schedule 13
Schedule 13 Amendment of Motor Accidents 1
Compensation Act 1999 No 41 2
[1] Section 3 Definitions 3
Insert in alphabetical order: 4
Chief Executive Officer of the Authority means the person 5
exercising functions under the Public Sector Employment and 6
Management Act 2002 as the Division Head of the relevant 7
Government Service Division. 8
member of staff means any person who is employed in the 9
relevant Government Service Division. 10
relevant Government Service Division means the Division of the 11
Government Service comprising the group of staff who are 12
employed under Chapter 1A of the Public Sector Employment 13
and Management Act 2002 to enable the Authority to exercise its 14
functions. 15
[2] Section 62 Referral of matter for further medical assessment 16
Omit "the officer of the Authority" from section 62 (1B). 17
Insert instead "the member of staff". 18
[3] Sections 88 (1) (definition of "claims assessor"), 99 (1), 182 (1) (definition 19
of "authorised officer"), 205 (3) (definition of "authorised person") and 20
220 (a) 21
Omit "an officer of the Authority" wherever occurring. 22
Insert instead "a member of staff". 23
[4] Section 99 Claims assessors 24
Omit "officers" from section 99 (2). Insert instead "members of staff". 25
[5] Section 99A Principal Claims Assessor 26
Omit "of the Authority" from section 99A (3). 27
[6] Sections 105 (3), 169 (2), 199 (2) (a), 202, 204, 208 (1) (i), 212 (3) (a) and 28
220, clause 1 of Schedule 1, clauses 1 and 2 of Schedule 2 and clause 6 29
of Schedule 3 30
Omit "General Manager" wherever occurring. 31
Insert instead "Chief Executive Officer". 32
Page 17
Public Sector Restructure (Miscellaneous Acts Amendments) Bill 2009
Schedule 13 Amendment of Motor Accidents Compensation Act 1999 No 41
[7] Section 105 Control and direction of claims assessors 1
Omit section 105 (5). Insert instead: 2
(5) This section does not affect the exercise of the functions of the 3
Chief Executive Officer under the Public Sector Employment and 4
Management Act 2002 with respect to claims assessors. 5
[8] Section 200 General Manager 6
Omit the section. 7
[9] Section 212 Motor Accidents Authority Fund 8
Omit "staff of the Authority" from section 212 (3) (a). 9
Insert instead "those members of staff who are principally involved in the 10
administration of this Act". 11
[10] Section 220 Seal of Authority 12
Omit "officer" from section 220 (b). Insert instead "member of staff". 13
Explanatory note 14
The proposed amendments: 15
(a) confer on the Chief Executive of the Compensation Authorities Staff Division 16
(which is the Division of the Government Service in which the staff assigned to 17
the Motor Accidents Authority are employed) the functions of the Chief 18
Executive Officer of the Authority, and 19
(b) update references to the staff of the Motor Accidents Authority as a 20
consequence of the departmental amalgamations order. 21
Page 18
Public Sector Restructure (Miscellaneous Acts Amendments) Bill 2009
Amendment of Motor Accidents (Lifetime Care and Support) Act 2006 No 16 Schedule 14
Schedule 14 Amendment of Motor Accidents 1
(Lifetime Care and Support) Act 2006 2
No 16 3
[1] Section 3 Definitions 4
Insert in alphabetical order in section 3 (1): 5
Chief Executive Officer of the Authority means the person 6
exercising functions under the Public Sector Employment and 7
Management Act 2002 as the Division Head of the relevant 8
Government Service Division. 9
member of staff means any person who is employed in the 10
relevant Government Service Division. 11
relevant Government Service Division means the Division of the 12
Government Service comprising the group of staff who are 13
employed under Chapter 1A of the Public Sector Employment 14
and Management Act 2002 to enable the Authority to exercise its 15
functions. 16
[2] Section 35 Chief Executive Officer 17
Omit the section. 18
[3] Section 36 Staff of Authority 19
Omit the section. 20
[4] Sections 41 (3) (paragraph (a) of definition of "authorised person") 21
and 42 (a) 22
Omit "an officer of the Authority" wherever occurring. 23
Insert instead "a member of staff". 24
[5] Section 42 Seal of Authority 25
Omit "officer" from section 42 (b). Insert instead "member of staff". 26
[6] Section 48 Lifetime Care and Support Authority Fund 27
Omit "staff of the Authority" from section 48 (3) (b). 28
Insert instead "those members of staff who are principally involved in the 29
administration of this Act". 30
Explanatory note 31
The proposed amendments: 32
(a) confer on the Chief Executive of the Compensation Authorities Staff Division 33
(which is the Division of the Government Service in which the staff assigned to 34
Page 19
Public Sector Restructure (Miscellaneous Acts Amendments) Bill 2009
Schedule 14 Amendment of Motor Accidents (Lifetime Care and Support) Act 2006 No 16
the Lifetime Care and Support Authority are employed) the functions of the 1
Chief Executive Officer of the Authority, and 2
(b) update references to the staff of the Lifetime Care and Support Authority as a 3
consequence of the departmental amalgamations order. 4
Page 20
Public Sector Restructure (Miscellaneous Acts Amendments) Bill 2009
Amendment of Ombudsman Act 1974 No 68 Schedule 15
Schedule 15 Amendment of Ombudsman Act 1974 1
No 68 2
[1] Section 5 Definitions 3
Insert "or, in the case where more than one Minister is responsible for that 4
Department, the Minister who, in the opinion of the Ombudsman, is most 5
nearly connected with the conduct of that Department" after "the Minister 6
responsible for that Department" in paragraph (a) of the definition of 7
responsible Minister in section 5 (1). 8
[2] Section 25A Definitions 9
Omit paragraph (a) of the definition of designated government agency in 10
section 25A (1). 11
Insert instead: 12
(a) the Department of Education and Training (including a 13
government school) or the Department of Health, 14
(a1) a Division of the Government Service (or a part of a 15
Division of the Government Service) prescribed by the 16
regulations for the purposes of this definition, 17
Explanatory note 18
The proposed amendments: 19
(a) enable the Ombudsman, in the case where more than one Minister is 20
responsible for a particular Department, to determine which Minister is the 21
responsible Minister for the purposes of consultation with the Ombudsman 22
under various provisions of the above Act relating to that Department, and 23
(b) enable parts of an agency (rather than an entire agency) to be prescribed as an 24
agency that is subject to the child protection requirements under Part 3A of the 25
above Act. 26
Page 21
Public Sector Restructure (Miscellaneous Acts Amendments) Bill 2009
Schedule 16 Amendment of Parliamentary Precincts Act 1997 No 66
Schedule 16 Amendment of Parliamentary Precincts 1
Act 1997 No 66 2
Section 27A Memorandum of understanding with Director-General of 3
Communities NSW 4
Omit "Director of Liquor and Gaming" from section 27A (1). 5
Insert instead "Director-General of Communities NSW". 6
Explanatory note 7
The proposed amendment is consequential on the departmental amalgamations order 8
which transferred the functions of the Director of Liquor and Gaming under the gaming 9
and liquor legislation to the Director-General of Communities NSW. 10
Page 22
Public Sector Restructure (Miscellaneous Acts Amendments) Bill 2009
Amendment of Police Act 1990 No 47 Schedule 17
Schedule 17 Amendment of Police Act 1990 No 47 1
[1] Section 95A Arrangements for use by other agencies of members of 2
NSW Police Force 3
Omit "constable" from section 95A (2). 4
Insert instead "police officer of that rank". 5
[2] Section 95B 6
Insert after section 95A: 7
95B Temporary assignment of staff to carry out work for Police and 8
Emergency Services NSW 9
(1) A member of the NSW Police Force may, with the concurrence 10
of the Commissioner, be temporarily assigned by the Division 11
Head of Police and Emergency Services NSW (the Department) 12
to carry out work for the Department on a full-time or part-time 13
basis. 14
(2) The member's employment as a member of the NSW Police 15
Force (including the continuity of that employment) is not 16
affected by the temporary assignment of the member to carry out 17
work for the Department. 18
(3) Without limiting subsection (2), the member, while carrying out 19
that work for the Department: 20
(a) continues to hold his or her position in the NSW Police 21
Force, and 22
(b) may continue to exercise the functions of that position 23
(including any such functions as a police officer), and 24
(c) is taken to be carrying out that work as a member of the 25
NSW Police Force. 26
(4) This section does not limit the provisions of this or any other Act 27
or law relating to the transfer to the Department (by statutory 28
order, secondment or otherwise) of members of the NSW Police 29
Force. 30
Explanatory note 31
The proposed amendments: 32
(a) make it clear that seconded police officers may continue to act as police officers 33
when their services are made use of by another agency, and 34
(b) enable NSW Police Force staff to be temporarily assigned to carry out work for 35
Police and Emergency Services NSW. 36
Page 23
Public Sector Restructure (Miscellaneous Acts Amendments) Bill 2009
Schedule 18 Amendment of Public Finance and Audit Act 1983 No 152
Schedule 18 Amendment of Public Finance and Audit 1
Act 1983 No 152 2
[1] Schedule 2 Statutory bodies 3
Insert in alphabetical order of statutory bodies: 4
Illawarra Region Sporting Venues Authority 5
[2] Schedule 2 6
Omit the following: 7
State Sports Centre Trust 8
Wollongong Sportsground Trust 9
Explanatory note 10
The proposed amendments are consequential on the amendments made by 11
Schedules 23 and 26. 12
Page 24
Public Sector Restructure (Miscellaneous Acts Amendments) Bill 2009
Amendment of Public Sector Employment and Management Act 2002 No 43 Schedule 19
Schedule 19 Amendment of Public Sector 1
Employment and Management Act 2002 2
No 43 3
[1] Section 102A 4
Insert after section 102: 5
102A Appointment to position in public sector service not affected by 6
additional appointment 7
(1) The doctrine of incompatibility of office: 8
(a) does not operate to prevent the holder of a position in any 9
public sector service (the original position) from being 10
appointed to another position in that or any other public 11
sector service (the additional position), and 12
(b) does not operate to effect or require the holder of the 13
original position to surrender or vacate that position as a 14
result of the appointment to the additional position. 15
(2) This section: 16
(a) applies even if the original position or the additional 17
position is held on an acting or temporary basis, and 18
(b) extends to an appointment made before the 19
commencement of this section (and applies to such an 20
appointment as if this section had been in force when the 21
appointment was made). 22
[2] Section 104 Creation and change in relation to Divisions 23
Insert after section 104 (3): 24
(4) For the purposes of this section, the NSW Police Force is taken 25
to be a Division of the Government Service but only in relation 26
to that part of the NSW Police Force comprising administrative 27
officers within the meaning of the Police Act 1990. 28
[3] Section 107 Definitions 29
Insert at the end of the section: 30
(2) For the purposes of this Part, the NSW Police Force is taken to be 31
a Division of the Government Service but only in relation to that 32
part of the NSW Police Force comprising administrative officers 33
within the meaning of the Police Act 1990. 34
Page 25
Public Sector Restructure (Miscellaneous Acts Amendments) Bill 2009
Schedule 19 Amendment of Public Sector Employment and Management Act 2002 No 43
Explanatory note 1
The proposed amendments: 2
(a) ensure that a person who holds a position in a public sector service may be 3
appointed to an additional public sector service position without having to 4
vacate his or her original position (but without affecting any requirement relating 5
to approval to engage in other employment), and 6
(b) enable administrative changes orders under Chapter 4 of the above Act to be 7
made in relation to administrative officers in the NSW Police Force (ie staff other 8
than sworn police officers). 9
Page 26
Public Sector Restructure (Miscellaneous Acts Amendments) Bill 2009
Amendment of Public Sector Employment and Management (Departmental Schedule 20
Amalgamations) Order 2009
Schedule 20 Amendment of Public Sector 1
Employment and Management 2
(Departmental Amalgamations) Order 3
2009 4
[1] Clause 27 Establishment of Department of Services, Technology and 5
Administration 6
Insert after clause 27 (2) (d): 7
(e) Treasurer. 8
[2] Clause 30 Establishment of Land and Property Management Authority 9
Insert after clause 30 (2) (c): 10
(d) Minister for Rural Affairs. 11
[3] Clause 32 Transfer of certain other branches to new Division 12
Insert after clause 32 (8): 13
(9) Transfer of certain staff in Office of Strategic Lands 14
Such staff in the Office of Strategic Lands in the Department of 15
Planning as the Director-General of the Department of Premier 16
and Cabinet determines are required in connection with the Land 17
and Property Management Authority are removed from the 18
Department of Planning and added to the Land and Property 19
Management Authority. 20
(10) A reference in any document to the Department of Planning is to 21
be construed as a reference to the Land and Property 22
Management Authority if the reference is used in relation to the 23
group of staff referred to in subclause (9). 24
Explanatory note 25
The proposed amendments clarify Ministerial responsibility for certain agencies and 26
provide for the transfer of certain staff as part of the departmental amalgamations 27
order. 28
Page 27
Public Sector Restructure (Miscellaneous Acts Amendments) Bill 2009
Schedule 21 Amendment of Rural Fires Act 1997 No 65
Schedule 21 Amendment of Rural Fires Act 1997 1
No 65 2
Section 48 Functions of Bush Fire Co-ordinating Committee 3
Omit "the Minister for Land and Water Conservation" from section 48 (2) (b). 4
Insert instead "a Minister". 5
Explanatory note 6
The proposed amendment enables the Minister administering the Act to enter into 7
arrangements with any other Minister with respect to the reduction of bush fire hazards. 8
Page 28
Public Sector Restructure (Miscellaneous Acts Amendments) Bill 2009
Amendment of Rural Fires Amendment Act 2009 No 74 Schedule 22
Schedule 22 Amendment of Rural Fires Amendment 1
Act 2009 No 74 2
Schedule 1 Amendment of Rural Fires Act 1997 No 65 3
Omit Schedule 1 [6]. 4
Explanatory note 5
The proposed amendment omits an uncommenced amendment that will be 6
superseded by the amendment made by Schedule 21. 7
Page 29
Public Sector Restructure (Miscellaneous Acts Amendments) Bill 2009
Schedule 23 Amendment of Sporting Venues Authorities Act 2008 No 65
Schedule 23 Amendment of Sporting Venues 1
Authorities Act 2008 No 65 2
[1] Schedule 1 Regional sporting venues authorities 3
Insert at the end of the Schedule: 4
Illawarra Region Sporting Venues Authority 5
[2] Schedule 5 Savings, transitional and other provisions 6
Insert at the end of clause 1 (1): 7
Public Sector Restructure (Miscellaneous Acts Amendments) Act 8
2009 9
[3] Schedule 5, Part 3 10
Insert after Part 2: 11
Part 3 Provisions consequent on enactment of 12
Public Sector Restructure (Miscellaneous 13
Acts Amendments) Act 2009 14
10 Definitions 15
In this Part: 16
former Trust means the Wollongong Sportsground Trust. 17
new Authority means the Illawarra Region Sporting Venues 18
Authority. 19
11 Repeal of Act 20
The Wollongong Sportsground Act 1986 is repealed. 21
12 Dissolution of former Trust 22
(1) The Wollongong Sportsground Trust is dissolved. 23
(2) On the dissolution of the former Trust, each person who was a 24
member of the Trust immediately before its dissolution ceases to 25
hold office as such. No compensation is payable to any such 26
person as the result of the operation of this subclause. 27
Page 30
Public Sector Restructure (Miscellaneous Acts Amendments) Bill 2009
Amendment of Sporting Venues Authorities Act 2008 No 65 Schedule 23
13 Transfer of assets, rights and liabilities of former Trust 1
(1) On the date of commencement of this clause, the following 2
provisions have effect: 3
(a) the assets of the former Trust vest in the new Authority by 4
virtue of this clause and without the need for any 5
conveyance, transfer, assignment or assurance, 6
(b) the rights and liabilities of the former Trust become by 7
virtue of this clause the rights and liabilities of the new 8
Authority, 9
(c) all proceedings relating to those assets, rights or liabilities 10
commenced before that date by or on behalf of, or against, 11
the former Trust and pending immediately before the 12
transfer are taken to be proceedings pending by or against 13
the new Authority, 14
(d) any act, matter or thing done or omitted to be done in 15
relation to those assets, rights or liabilities before that date 16
by, to or in respect of the former Trust is (to the extent to 17
which that act, matter or thing has any force or effect) 18
taken to have been done or omitted by, to or in respect of 19
the new Authority, 20
(e) the new Authority has all the entitlements and obligation 21
of the former Trust in relation to those assets, rights and 22
liabilities that the former Trust would have had but for this 23
clause, whether or not the entitlements and obligations 24
were actual or potential on the commencement of this 25
clause, 26
(f) a reference in any Act, in any instrument made under any 27
Act or in any document of any kind to the former Trust or 28
a predecessor of the former Trust is (to the extent that it 29
relates to those assets, rights or liabilities but subject to the 30
regulations) to be read as, or as including, a reference to 31
the new Authority. 32
(2) The operation of this clause is not to be regarded: 33
(a) as a breach of contract or confidence or otherwise as a civil 34
wrong, or 35
(b) as a breach of any contractual provision prohibiting, 36
restricting or regulating the assignment or transfer of 37
assets, rights or liabilities, or 38
(c) as giving rise to any remedy by a party to an instrument, or 39
as causing or permitting the termination of any instrument, 40
because of a change in the beneficial or legal ownership of 41
any asset, right or liability, or 42
Page 31
Public Sector Restructure (Miscellaneous Acts Amendments) Bill 2009
Schedule 23 Amendment of Sporting Venues Authorities Act 2008 No 65
(d) as an event of default under any contract or other 1
instrument. 2
(3) No attornment to the transferee by a lessee from the former Trust 3
is required. 4
Explanatory note 5
The proposed amendments: 6
(a) repeal the Wollongong Sportsground Act 1986 and dissolve the Trust 7
constituted under that Act, and 8
(b) establish the Illawarra Region Sporting Venues Authority, and 9
(c) provide for the transfer of the assets, rights and liabilities of the former Trust to 10
the new Authority. 11
Page 32
Public Sector Restructure (Miscellaneous Acts Amendments) Bill 2009
Amendment of State Emergency Service Act 1989 No 164 Schedule 24
Schedule 24 Amendment of State Emergency Service 1
Act 1989 No 164 2
Section 9A 3
Insert after section 9: 4
9A Temporary assignment of staff to carry out work for Police and 5
Emergency Services NSW 6
(1) A member of staff of the State Emergency Service may, with the 7
concurrence of the Commissioner, be temporarily assigned by the 8
Division Head of Police and Emergency Services NSW (the 9
Department) to carry out work for the Department on a full-time 10
or part-time basis. 11
(2) The member's employment as a member of staff of the Service 12
(including the continuity of that employment) is not affected by 13
the temporary assignment of the member to carry out work for the 14
Department. 15
(3) Without limiting subsection (2), the member, while carrying out 16
that work for the Department: 17
(a) continues to hold his or her position in the State 18
Emergency Service, and 19
(b) may continue to exercise the functions of that position, and 20
(c) is taken to be carrying out that work as a member of staff 21
of the State Emergency Service. 22
(4) This section does not limit the provisions of this or any other Act 23
or law relating to the transfer to the Department (by statutory 24
order, secondment or otherwise) of members of staff of the State 25
Emergency Service. 26
Explanatory note 27
The proposed amendment enables State Emergency Service staff to be temporarily 28
assigned to carry out work for Police and Emergency Services NSW. 29
Page 33
Public Sector Restructure (Miscellaneous Acts Amendments) Bill 2009
Schedule 25 Amendment of State Property Authority Act 2006 No 40
Schedule 25 Amendment of State Property Authority 1
Act 2006 No 40 2
Section 3 Definitions 3
Omit the definition of Chief Executive Officer from section 3 (1). 4
Insert instead: 5
Chief Executive Officer means the person exercising functions 6
under the Public Sector Employment and Management Act 2002 7
as the Division Head of the Division of the Government Service 8
comprising the group of staff who are employed under Chapter 9
1A of that Act to enable the Authority to exercise its functions. 10
Explanatory note 11
The proposed amendment confers on the Chief Executive of the Land and Property 12
Management Authority (which is the Division of the Government Service in which the 13
staff assigned to the State Property Authority are employed) the functions of the Chief 14
Executive Officer of the State Property Authority. 15
Page 34
Public Sector Restructure (Miscellaneous Acts Amendments) Bill 2009
Amendment of Sydney Olympic Park Authority Act 2001 No 57 Schedule 26
Schedule 26 Amendment of Sydney Olympic Park 1
Authority Act 2001 No 57 2
[1] Section 4 Definitions 3
Omit the definition of Chief Executive Officer from section 4 (1). 4
Insert instead in alphabetical order: 5
Director-General means the person exercising functions under 6
the Public Sector Employment and Management Act 2002 as the 7
Division Head of the relevant Government Service Division. 8
relevant Government Service Division means the Division of the 9
Government Service comprising the group of staff who are 10
employed under Chapter 1A of the Public Sector Employment 11
and Management Act 2002 to enable the Authority to exercise its 12
functions. 13
[2] Section 4 (1), definition of "State Sports Centre Trust" 14
Omit the definition. 15
[3] Section 13 Functions--generally 16
Insert "(including the Sydney Olympic Park Sports Centre)" after "activities 17
and facilities" in section 13 (1) (b). 18
[4] Sections 57 (3) (a), 71 (6) (a) and 82 (2) (a) 19
Omit "member of staff of the Authority" wherever occurring. 20
Insert instead "member of staff of the relevant Government Service Division". 21
[5] Section 61 Board of Authority 22
Omit section 61 (2) (a). Insert instead: 23
(a) the Director-General or a member of staff of the relevant 24
Government Service Division nominated by the 25
Director-General, 26
[6] Section 62 Committees 27
Insert "the Minister administering this Act and" after "consult with" in 28
section 62 (5). 29
[7] Sections 63, 65 (2) and (5) (e), 72 and 74 30
Omit "Chief Executive Officer" wherever occurring. 31
Insert instead "Director-General". 32
Page 35
Public Sector Restructure (Miscellaneous Acts Amendments) Bill 2009
Schedule 26 Amendment of Sydney Olympic Park Authority Act 2001 No 57
[8] Section 74 Seal of Authority 1
Omit "the staff of the Authority". 2
Insert instead "staff of the relevant Government Service Division". 3
[9] Schedule 8 Savings, transitional and other provisions 4
Insert "or to the Director-General" after "Authority" in clause 9 (2) (b). 5
[10] Schedule 8, clause 10 6
Omit the clause. 7
[11] Schedule 8, Part 3 8
Insert after Part 2: 9
Part 3 Provisions consequent on enactment of 10
Public Sector Restructure (Miscellaneous 11
Acts Amendments) Act 2009 12
13 Definitions 13
In this Part: 14
assets means any legal or equitable estate or interest (whether 15
present or future and whether vested or contingent and whether 16
personal or assignable) in real or personal property of any 17
description (including money), and includes securities, choses in 18
action and documents. 19
former Trust means the State Sports Centre Trust. 20
instrument means an instrument (other than this Act) that 21
creates, modifies or extinguishes rights or liabilities (or would do 22
so if lodged, filed or registered in accordance with any law), and 23
includes any judgment, order or process of a court. 24
liabilities means any liabilities, debts or obligations (whether 25
present or future and whether vested or contingent and whether 26
personal or assignable). 27
rights means any rights, powers, privileges or immunities 28
(whether present or future and whether vested or contingent and 29
whether personal or assignable). 30
14 Repeal of Act 31
The State Sports Centre Trust Act 1984 is repealed. 32
Page 36
Public Sector Restructure (Miscellaneous Acts Amendments) Bill 2009
Amendment of Sydney Olympic Park Authority Act 2001 No 57 Schedule 26
15 Dissolution of former Trust 1
(1) The State Sports Centre Trust is dissolved. 2
(2) On the dissolution of the former Trust, each person who was a 3
trustee within the meaning of the State Sports Centre Trust Act 4
1984 immediately before the commencement of this Part ceases 5
to hold office as such. No compensation is payable to any such 6
person as the result of the operation of this subclause. 7
16 Transfer of assets, rights and liabilities of former Trust 8
(1) On the date of commencement of this Part, the following 9
provisions have effect: 10
(a) the assets of the former Trust vest in the Authority by 11
virtue of this clause and without the need for any 12
conveyance, transfer, assignment or assurance, 13
(b) the rights and liabilities of the former Trust become by 14
virtue of this clause the rights and liabilities of the 15
Authority, 16
(c) all proceedings relating to the assets, rights or liabilities 17
commenced before that date by or on behalf of, or against, 18
the former Trust and pending immediately before that date 19
are taken to be proceedings pending by or against the 20
Authority, 21
(d) any act, matter or thing done or omitted to be done in 22
relation to the assets, rights or liabilities before that date 23
by, to or in respect of the former Trust is (to the extent to 24
which that act, matter or thing has any force or effect) 25
taken to have been done or omitted by, to or in respect of 26
the Authority, 27
(e) the Authority has all the entitlements and obligations of the 28
former Trust in relation to the assets, rights and liabilities 29
that the former Trust would have had but for this clause, 30
whether or not those entitlements and obligations were 31
actual or potential on the commencement of this Part, 32
(f) a reference in any Act, in any instrument made under any 33
Act or in any document of any kind to the former Trust or 34
a predecessor of the former Trust is (to the extent that it 35
relates to those assets, rights or liabilities but subject to the 36
regulations) to be read as, or as including, a reference to 37
the Authority. 38
(2) The operation of this clause is not to be regarded: 39
Page 37
Public Sector Restructure (Miscellaneous Acts Amendments) Bill 2009
Schedule 26 Amendment of Sydney Olympic Park Authority Act 2001 No 57
(a) as a breach of contract or confidence or otherwise as a civil 1
wrong, or 2
(b) as a breach of any contractual provision prohibiting, 3
restricting or regulating the assignment or transfer of 4
assets, rights or liabilities, or 5
(c) as giving rise to any remedy by a party to an instrument, or 6
as causing or permitting the termination of any instrument, 7
because of a change in the beneficial or legal ownership of 8
any asset, right or liability, or 9
(d) as an event of default under any contract or other 10
instrument. 11
(3) No attornment to the transferee by a lessee from the former Trust 12
is required. 13
Explanatory note 14
The proposed amendments: 15
(a) confer on the Director-General of Communities NSW (which is the Division of 16
the Government Service in which the staff assigned to the Sydney Olympic Park 17
Authority are employed) the functions of the Chief Executive Officer of SOPA, 18
and 19
(b) update references to the staff of SOPA as a consequence of the departmental 20
amalgamations order, and 21
(c) repeal the State Sports Centre Trust Act 1984 and dissolve the Trust constituted 22
under that Act, and 23
(d) provide for the transfer of the assets, rights and liabilities of the former Trust to 24
SOPA. 25
Page 38
Public Sector Restructure (Miscellaneous Acts Amendments) Bill 2009
Amendment of Teacher Housing Authority Act 1975 No 27 Schedule 27
Schedule 27 Amendment of Teacher Housing 1
Authority Act 1975 No 27 2
[1] Section 7 Appointment etc of members 3
Omit "6 members" from section 7 (1). Insert instead "7 members". 4
[2] Section 7 (1) (a1) and (b) 5
Omit section 7 (1) (a1). Insert instead: 6
(a1) one is to be a member of staff of the Department of 7
Education and Training nominated by the 8
Director-General of that Department, 9
(b) one is to be the Director-General of the Department of 10
Services, Technology and Administration or a member of 11
staff of that Department nominated by the 12
Director-General, 13
[3] Section 7 (1A) 14
Omit "subsection (1) (a1)". Insert instead "subsection (1) (b)". 15
[4] Section 7 (2) (a) 16
Omit "School Education, being an officer". 17
Insert instead "Education and Training, being a member of staff". 18
[5] Section 7 (7) 19
Omit "Secretary of the Ministry of Education". 20
Insert instead "Director-General of the Department of Services, Technology 21
and Administration". 22
[6] Section 7 (9) 23
Insert after section 7 (8): 24
(9) The person holding office as Chairperson of the Authority 25
immediately before the commencement of this subsection (as 26
inserted by the Public Sector Restructure (Miscellaneous Acts 27
Amendments) Act 2009) ceases, on that commencement, to hold 28
office as Chairperson but continues, subject to this Act, to hold 29
office as a member of the Authority for the remainder of the term 30
for which the person was appointed as a member. 31
Page 39
Public Sector Restructure (Miscellaneous Acts Amendments) Bill 2009
Schedule 27 Amendment of Teacher Housing Authority Act 1975 No 27
[7] Section 11 Vacation of office 1
Insert ", (b)" after "(a1)" wherever occurring in section 11 (1) (k) and (l) 2
and (2). 3
Explanatory note 4
The proposed amendments: 5
(a) provide for the Director-General of the Department of Services, Technology and 6
Administration (which is the Division of the Government Service in which the 7
staff assigned to the Teacher Housing Authority are employed) to be a member 8
of the Teacher Housing Authority and its Chairperson, and 9
(b) update references to various departments as a consequence of previous 10
administrative changes orders. 11
Page 40
Public Sector Restructure (Miscellaneous Acts Amendments) Bill 2009
Amendment of Western Sydney Parklands Act 2006 No 92 Schedule 28
Schedule 28 Amendment of Western Sydney 1
Parklands Act 2006 No 92 2
Section 7 Trust Board 3
Insert after section 7 (2) (a): 4
(a1) the Director-General of Communities NSW or his or her 5
nominee, 6
Explanatory note 7
The proposed amendment provides for the Director-General of Communities NSW (or 8
his or her nominee) to be an ex-officio member of the Board of the Western Sydney 9
Parklands Trust. 10
Page 41
Public Sector Restructure (Miscellaneous Acts Amendments) Bill 2009
Schedule 29 Amendment of Workers Compensation Act 1987 No 70
Schedule 29 Amendment of Workers Compensation 1
Act 1987 No 70 2
Section 239AJ Subrogation 3
Omit "General Manager" from section 239AJ (2). 4
Insert instead "Chief Executive Officer". 5
Explanatory note 6
The proposed amendment is consequential on the amendments made by Schedule 30. 7
Page 42
Public Sector Restructure (Miscellaneous Acts Amendments) Bill 2009
Amendment of Workplace Injury Management and Workers Compensation Schedule 30
Act 1998 No 86
Schedule 30 Amendment of Workplace Injury 1
Management and Workers 2
Compensation Act 1998 No 86 3
[1] Section 4 Definitions 4
Omit the definition of Chief Executive Officer or General Manager from 5
section 4 (1). 6
Insert instead in alphabetical order: 7
Chief Executive Officer of the Authority means the person 8
exercising functions under the Public Sector Employment and 9
Management Act 2002 as the Division Head of the relevant 10
Government Service Division. 11
member of staff means any person who is employed in the 12
relevant Government Service Division. 13
relevant Government Service Division means the Division of the 14
Government Service comprising the group of staff who are 15
employed under Chapter 1A of the Public Sector Employment 16
and Management Act 2002 to enable the Authority to exercise its 17
functions. 18
[2] Sections 15 (2) (a) and (5), 18, 19A (2) (a), 20 and 241, clause 1 of 19
Schedule 3 and clause 1 of Schedule 3A 20
Omit "General Manager" wherever occurring. 21
Insert instead "Chief Executive Officer". 22
[3] Section 16 General Manager 23
Omit the section. 24
[4] Sections 21 (3) (definition of "authorised person"), 106 (2), 238 (1) 25
(definition of "authorised officer"), 238AA (7) and 241 (1) (a) 26
Omit "an officer of the Authority" wherever occurring. 27
Insert instead "a member of staff". 28
[5] Section 35 Payments into and from Fund 29
Omit "staff of the Authority" from section 35 (2) (a). 30
Insert instead "those members of staff who are principally involved in the 31
administration of this Act". 32
[6] Section 241 Seal of Authority 33
Omit "officer" from section 241 (1) (b). Insert instead "member of staff". 34
Page 43
Public Sector Restructure (Miscellaneous Acts Amendments) Bill 2009
Schedule 30 Amendment of Workplace Injury Management and Workers Compensation
Act 1998 No 86
Explanatory note 1
The proposed amendments: 2
(a) confer on the Chief Executive of the Compensation Authorities Staff Division 3
(which is the Division of the Government Service in which the staff assigned to 4
the WorkCover Authority are employed) the functions of the Chief Executive 5
Officer of the WorkCover Authority, and 6
(b) update references to the staff of the WorkCover Authority as a consequence of 7
the departmental amalgamations order. 8
Page 44
Public Sector Restructure (Miscellaneous Acts Amendments) Bill 2009
Amendment of Young Offenders Act 1997 No 54 Schedule 31
Schedule 31 Amendment of Young Offenders Act 1
1997 No 54 2
[1] Section 4 Definitions 3
Omit "Juvenile Justice" from the definition of Director-General. 4
Insert instead "Human Services". 5
[2] Section 46 Location of conferences 6
Omit "any office of the Department of Juvenile Justice" from section 46 (1). 7
Insert instead "any office of that part of the Department of Human Services 8
comprising persons who are principally involved in the administration of the 9
Children (Detention Centres) Act 1987 or the Children (Community Service 10
Orders) Act 1987". 11
[3] Sections 47 (2) (e), 62A (a) and 66 (2) (e) 12
Omit "Juvenile Justice" wherever occurring. Insert instead "Human Services". 13
[4] Section 62A Delegation of Director-General's functions 14
Insert after section 62A (a): 15
(a1) the Chief Executive of Juvenile Justice, Department of 16
Human Services or a Deputy Chief Executive of Juvenile 17
Justice, Department of Human Services, 18
[5] Section 66 Disclosure of records 19
Omit section 66 (4). Insert instead: 20
(4) In this section: 21
authorised officer of the Department of Human Services means 22
any of the following officers of the Department: 23
(a) the Director-General, 24
(b) a Deputy Director-General, 25
(c) the Chief Executive of Juvenile Justice or a Deputy Chief 26
Executive of Juvenile Justice, 27
(d) a juvenile justice officer, 28
(e) such other member of staff (or member of staff belonging 29
to a class of members of staff) of the Department as may 30
be prescribed by the regulations. 31
Page 45
Public Sector Restructure (Miscellaneous Acts Amendments) Bill 2009
Schedule 31 Amendment of Young Offenders Act 1997 No 54
Explanatory note 1
The proposed amendments: 2
(a) enable the Director-General of the Department of Human Services to delegate 3
his or her functions under the above Act to the Chief Executive (or a Deputy 4
Chief Executive) of Juvenile Justice in that Department, and 5
(b) update references to the Department of Juvenile Justice, and make other minor 6
changes, as a consequence of the departmental amalgamations order. 7
Page 46
Public Sector Restructure (Miscellaneous Acts Amendments) Bill 2009
Amendment of Youth Advisory Council Act 1989 No 39 Schedule 32
Schedule 32 Amendment of Youth Advisory Council 1
Act 1989 No 39 2
Section 6 Membership of Council 3
Omit section 6 (1) (b). Insert instead: 4
(b) an ex-officio member, being the Commissioner for the 5
Commission for Children and Young People or the 6
Commissioner's nominee. 7
Explanatory note 8
The proposed amendment provides for the Commissioner for the Commission for 9
Children and Young People (or his or her nominee) to be the ex-officio member of the 10
Youth Advisory Council instead of the Director-General of the Department of Premier 11
and Cabinet. 12
Page 47
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