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COMMUNITY WELFARE (AMENDMENT) BILL 1992
NEW SOUTH WALES
EXPLANATORY NOTE
(This Explanatory Note relates to this Bill as introduced into Parliament)
In 1989, the administration of developmental disability services was transferred from
the Department of Health to the Department of Family and Community Services (as it
was then named). The Community Welfare Employment Corporation was constituted to
be the employer of certain persons formerly employed within the Department of Health,
and others employed under community welfare legislation. The persons employed by
the Corporation are not public servants.
The object of this Bill is to amend the Community Welfare Act 1987:
(a) to dissolve the Community Welfare Employment Corporation; and
(b) to provide for the transfer of staff employed by that Corporation to the
Department of Community Services.
Clause 1 specifies the short title of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a proclaimed day.
Clause 3 is a formal provision that gives effect to the Schedule of amendments to the
Community Welfare Act 1987.
Clause 4 is a formal provision that gives effect to the Schedule of consequential
amendments to other Acts.
SCHEDULE l--AMENDMENT OF COMMUNITY WELFARE ACT 1987
Dissolution of Community Welfare Employment Corporation
Schedule 1 (2) repeals section 13B of the Act which constituted the community
Welfare Employment Corporation and enabled it to employ staff for the purposes of the
community welfare legislation.
Schedule 1 (l), (3) and (4) contain consequential amendments.
Transfer of staff of the Corporation to the Department of Community Services
Schedule 1 (5) and (6) insert Schedule 4 which contains savings, transitional and
other provisions. The following clauses are included in Schedule 4.
Clause 3 dissolves the Corporation.
Clause 5 transfers the assets of the Corporation to the Crown and provides that legal
proceedings in relation to the Corporation become legal proceedings by or against the
Crown.
Clause 7 provides for the transfer of employees of the Corporation to the Department
of Community Services.
Clause 8 provides that transferred employees are entitled to the same salary or wages
and allowances as applied to the employees before the transfer.
Clause 9 provides that other conditions of employment also remain the same unless
they conflict with the Public Sector Management Act 1988 or regulations under that
Act.
The conditions of employment covered by clauses 8 and 9 can be varied or altered by
an award or agreement under the Industrial Relations Act 1991, by or under the Public
Sector Management Act 1988 or otherwise in accordance with law.
Clause 10 ensures that rights accrued as an employee of the Corporation are retained.
Those rights include deferred or extended leave and payments, pensions and gratuities.
Clause 11 enables the Director-General of the Department of Community Services to
declare that conditions of employment that are applicable to transferred employees are
to apply to comparable positions to which new staff are appointed until those conditions
are lawfully varied.
Clause 12 validates an agreement made in 1989 between the Corporation and the
Public Employment Industrial Relations Authority and certain employee associations
which was intended to give effect to the transfer of certain staff to the employment of
the Corporation under section 13B of the Act.
SCHEDULE 2--CONSEQUENTIAL AMENDMENT OF OTHER ACTS
Schedule 2 makes consequential amendments to the following Acts:
Children (Detention Centres) Act 1987
Public Sector Management Act 1988
State Authorities Non-contributory Superannuation Act 1987
State Authorities Superannuation Act 1987
Superannuation Act 1916