New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 87)
In this Schedule:
"appointed day" means the day on which the repealed Act is repealed.
"Director-General" means the Director-General holding office immediately
before the commencement of Schedule 1 to the Fire Brigades (Amendment) Act
1994 .
"dissolved board" means the board under the repealed Act that is dissolved by
clause 3.
"repealed Act" means the Fire Brigades Act 1909 as in force immediately before
its repeal.
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:this Actthe Fire Brigades (Amendment) Act 1993the Fire Brigades (Amendment) Act 1994the Fire Brigades Amendment (Contributions) Act 1995the Fire Brigades Amendment (Community Fire Units) Act 2005State Revenue and Other Legislation Amendment (Budget Measures) Act 2008 , but only to the extent that it amends this ActEmergency Services Legislation Amendment (Finance) Act 2009 , but only to the extent it amends this Act
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later day.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision 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.
(1) On the appointed day, the board of Fire Commissioners of New South Wales constituted under the repealed Act is dissolved.
(2) A person who, immediately before the appointed day, held office as a member of the dissolved board:(a) ceases to hold that office, and(b) is not entitled to any remuneration or compensation because of the loss of that office.
(1) On the appointed day, the person who ceases to hold office as president of the dissolved board is to be regarded as having been appointed as the Commissioner pursuant to the Public Sector Management Act 1988 .
(2) The appointment is to be considered to be an appointment for the remainder of the president’s term of office as president of the dissolved board.
On and from the appointed day, a reference in any other Act, in any instrument made under any Act or in any other instrument of any kind:
(a) to the board under the repealed Act is to be read as a reference to the Director-General, or
(b) to officers or employees (however expressed) of the board under the repealed Act is to be read as a reference to the officers of the Department and the members of permanent fire brigades.
(1) 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 choses in action and documents.
"liabilities" means all liabilities, debts and obligations (whether present or future and whether vested or contingent).
(2) On the appointed day:(a) the assets and liabilities of the dissolved board (except those to which subclause (3) applies) become assets and liabilities of the Crown, and(b) all proceedings by or against the dissolved board pending immediately before that day become proceedings pending by or against the Crown.
(3) On the appointed day, the cash assets (including cash investments) of the dissolved board are to be paid into the New South Wales Fire Brigades Capital Fund established under section 64.
Section 46 (Bona fide exercise of powers protected) of the repealed Act continues to apply, despite its repeal, to and in respect of the exercise of a power under the repealed Act before its repeal.
Any act, matter or thing done or omitted to be done by or in respect of the dissolved board is (to the extent that the act, matter or thing has any force or effect immediately before the appointed day) to be taken to have been done or omitted to be done by or in respect of the Commissioner.
In this Part:
"former board employee" means a person employed under section 27 of the
repealed Act immediately before the appointed day (not including a
permanent fire brigade member).
"former executive officer" means a person who immediately before the appointed
day held office as the chief officer or as a deputy chief officer under the
repealed Act.
"permanent fire brigade member" means a person who immediately before the
appointed day was a member of the fire fighting section of the dissolved
board, other than a former executive officer.
(1) A permanent fire brigade member is, on the appointed day, to be regarded as having been appointed by the Director-General as a member of a permanent fire brigade at the rank and designation applicable to the person as a permanent fire brigade member immediately before the appointed day.
(2) Subject to this Act, the appointment is to be regarded as being subject to the same conditions of employment (including as to salary or wages, and allowances) as applied to the person as a permanent fire brigade member immediately before the appointed day.
On the appointed day:
(a) the former executive officer who held office as chief officer under the repealed Act is to be regarded as having been appointed as the Chief Officer of Fire Brigades under the Public Sector Management Act 1988 , and
(b) each of the other former executive officers is to be regarded as having been appointed as a Deputy Chief Officer of Fire Brigades under the Public Sector Management Act 1988 .
(1) On the appointed day, a former board employee is entitled to be appointed to a position in the Public Service in accordance with this clause.
(2) The Governor may, on the recommendation of the Minister, by order published in the Gazette, transfer a former board employee to a position in the Public Service.
(3) A person who is the subject of such an order is to be regarded for all purposes as having become an officer of the Public Service, in accordance with the terms of the order, on the appointed day.
(4) This clause has effect despite anything in the Public Sector Management Act 1988 and a person transferred under this clause is to be regarded as having been transferred in accordance with any relevant provision of that Act.
(1) This clause applies to a person who becomes an officer of the Public Service because of clause 12.
(2) Such a person is entitled to be paid salary or wages, and allowances, at a rate not less than the rate that was payable to the person as a former board employee immediately before the appointed day, until the salary, wages or allowances is or are varied or altered:(a) by an award of a competent tribunal, or(b) by an industrial agreement, or(c) by or under the Public Sector Management Act 1988 , or(d) otherwise in accordance with law.
(3) Except as provided by this Schedule, if any condition of employment of the person was, immediately before the appointed day, regulated by an award of a competent tribunal or by an industrial agreement applicable to the person as a former board employee, the condition (so long as it does not conflict with any provision of the Public Sector Management Act 1988 or the regulations under that Act) is to continue to apply to the person until it is regulated:(a) by an award of a competent tribunal, or(b) by an industrial agreement, or(c) by or under the Public Sector Management Act 1988 , or(d) otherwise in accordance with law.
(1) This clause applies to a person who:(a) was a permanent fire brigade member to whom clause 10 applies, or(b) was a former board employee or former executive officer and became an officer of the Public Service because of clause 11 or 12.
(2) Such a person:(a) is to retain any rights accrued or accruing to him or her as a permanent fire brigade member, a former board employee or a former executive officer, and(b) may continue to contribute to any superannuation scheme to which he or she was a contributor immediately before the appointed day, and(c) is entitled to receive any deferred or extended leave and any payment, pension or gratuity,as if the person had continued to be a permanent fire brigade member, a former board employee or a former executive officer, as the case requires.
(3) Service as an officer of the Public Service or member of a permanent fire brigade under this Act is to be regarded as service as a permanent fire brigade member, a former board employee or a former executive officer, as the case requires, for the purposes of any law:(a) under which any such rights accrued, or(b) under which he or she continues to contribute to any such superannuation scheme, or(c) by which any such entitlement is conferred.
(4) For the purposes of the superannuation scheme to which the person is entitled to contribute under this clause, the person is to be regarded as an officer or employee and the Government of New South Wales is to be regarded as the employer.
(5) If the person would, but for this subclause, be entitled under subclause (2) to contribute to a superannuation scheme or to receive any payment, pension or gratuity under the scheme:(a) he or she is not so entitled on becoming (whether on appointment as a member of a permanent fire brigade or as an officer in the Public Service, or at any later time while such a member of staff or officer) a contributor to any other superannuation scheme, and(b) the provisions of subclause (4) cease to apply to or in respect of him or her and the Government in any case where he or she becomes a contributor to any such other superannuation scheme.
(6) Subclause (5) does not prevent the payment to the officer or member of staff (on his or her ceasing to be a contributor to a superannuation scheme) of such amount as would have been payable to him or her if he or she had ceased, by reason of resignation, to be an officer or employee for the purposes of the scheme.
(1) Service by a person as a member of a volunteer fire brigade under the repealed Act is to be considered to have been service as such a member under this Act.
(2) Service as a member of a volunteer fire brigade under this Act is to be regarded as subject to the same conditions of service (including as to payments for service) as applied to the member immediately before the appointed day until those conditions are varied or altered:(a) by an award of a competent tribunal, or(b) by an industrial agreement, or(c) otherwise in accordance with law.
(1) As soon as practicable after the appointed day, the Director-General is to make an estimate of fire brigade expenditure (within the meaning of Part 5) in each fire district for the 1990 calendar year.
(2) For the purposes of Part 5:(a) each such amount is to be considered to be the amount to be contributed in respect of the fire district concerned for the 1990 calendar year, and(b) the total of those amounts is to be considered to be the total amount to be contributed for the 1990 calendar year.
(3) The Director-General is then to make the necessary adjustments to the contributions required to be paid as a result of this clause and is to notify contributors of the adjusted contributions.
(4) The adjusted contributions so notified become the contributions payable under Part 5 for the 1990 calendar year.
(5) Subject to this clause, contributions payable under Part 4 of the repealed Act immediately before its repeal become payable under Part 5 of this Act and may be recovered accordingly.
Any contribution paid to the board under Part 4 of the repealed Act is to be regarded as having been paid to the Commissioner under Part 5 of this Act.
(1) A permanent fire brigade established and maintained by the dissolved board and in existence immediately before the appointed day is, on that day, to be regarded as having been established by the Commissioner.
(2) Any association of persons that immediately before the appointed day was a volunteer fire brigade within the meaning of the repealed Act, is, on that day, to be considered to have been approved by the Commissioner under this Act as a volunteer fire brigade.
An area that was a fire district under the repealed Act immediately before the appointed day is, on that day, to be regarded as having been constituted as a fire district under section 5 of this Act.
Any regulations or by-laws in force under the repealed Act immediately before the appointed day are, on that day, to be regarded as regulations made under this Act.
Action may be taken under the Public Sector Management Act 1988 in relation to the Department before the appointed day.
(1) An amendment made by the Fire Brigades (Hazardous Materials) Amendment Act 1993 ( "the 1993 Act"):(a) applies to a hazardous material incident whether the spillage or other escape of the material concerned occurred before or occurs after the amendment commences, but(b) does not so apply as to impose any duty on a person retrospectively.
(2) An approval of an association as a volunteer fire brigade that was in force under section 9 immediately before the amendment of that section by the 1993 Act is taken to have been granted under that section as so amended.
(3) The amendments made to section 38 by the 1993 Act apply only in respect of a hazardous material incident that occurs after those amendments commence and affect a policy of insurance in force when such an incident occurs whether the policy was effected before or is effected after that commencement.
(4) Any maximum charges prescribed for the purposes of section 40 (2) when section 40 (4A) commences are, subject to the regulations, taken to be prescribed as maximum charges for the purposes of section 40 (4A) also.
(1) In this clause, "relevant day" means the day on which section 4 of the Fire Brigades (Amendment) Act 1994 commences.
(2) On and from the relevant day, a reference in any other Act, in any instrument made under any other Act, or in any other instrument of any kind:(a) to the Director-General of New South Wales Fire Brigades (however expressed)-is to be read as a reference to the Commissioner, or(b) to the Chief Officer of Fire Brigades (however expressed)-is to be read as a reference to the Commissioner.
(3) This clause extends to a reference to the Director-General effected by clause 5.
Despite their amendment by the Fire Brigades (Amendment) Act 1994 :
(a) section 78 continues to apply to the persons who held the office of Director-General before the office was abolished by that Act, and
(b) sections 38 and 78 continue to apply to the persons who held the office of Chief Officer before the office was abolished by that Act,as if the amendments had not been made.
(1) The estimates of fire brigade expenditure for all fire districts for the 1995 calendar year, as determined under Part 5 of this Act before the commencement of the Fire Brigades Amendment (Contributions) Act 1995 , are taken to be the estimates of fire brigade expenditure for all fire districts for the financial year beginning 1 July 1994.
(2) However, the Commissioner is entitled to recover only the contributions payable in accordance with those estimates for the 6 month period beginning 1 January 1995 and ending 30 June 1995.
(1) As soon as practicable after the commencement of the Fire Brigades Amendment (Contributions) Act 1995 , the Commissioner is:(a) to set aside the assessments made under Part 5 of this Act in respect of the 12 month period ending 31 December 1994, and(b) to make the assessments under that Part in respect of the 6 month period ending 30 June 1994, and(c) to make the necessary adjustments to the contributions required to be paid by insurance companies under that Part.
(2) The adjusted contributions are to be notified to the relevant contributors and become the contributions payable.
Any money in the Department’s Working Account (as established under section 63 before the repeal of that section by the Fire Brigades Amendment (Contributions) Act 1995 ) is to be dealt with in such manner as the Treasurer, in consultation with the Minister, directs.
In this Part:
"amending Act" means the Fire Brigades Amendment (Community Fire Units) Act
2005 .
(1) A community fire unit established by the Commissioner before the commencement of the amending Act and not disbanded before that commencement is taken, on that commencement, to have been established under section 74B as inserted by the amending Act.
(2) A person appointed by the Commissioner as a member of such a community fire unit before the commencement of the amending Act and who continued to be a member of the unit immediately before that commencement is taken, on that commencement, to have been appointed as a member of the unit under section 74D as inserted by the amending Act.
The repeal of section 65 by the Statute Law (Miscellaneous Provisions) Act 2011 does not affect the establishment of Fire and Rescue NSW as a Division of the Government Service under Chapter 4 of the Public Sector Employment and Management Act 2002 .