New South Wales Repealed Acts

This legislation has been repealed.

PUBLIC SECTOR MANAGEMENT ACT 1988 - SECT 3

3 Definitions

(1979 Act, s 4)

(1) In this Act:
"appropriate Department Head" means:

(a) where the expression is used in connection with a Department—the Head of the Department, or

(b) where the expression is used in connection with an officer or temporary employee—the Head of the Department to which the officer or employee belongs.

"appropriate Minister" means:

(a) where the expression is used in connection with a Department—the Minister responsible for the Department, or

(b) where the expression is used in connection with an officer or temporary employee—the Minister responsible for the Department to which the officer or employee belongs.

"chief executive officer" means a person holding a position referred to in Schedule 3A.
"chief executive position" means a position referred to in Schedule 3A.
"Council" means the Council on the Cost of Government established by this Act.
"declared authority" means an authority for the time being specified in Schedule 3.
"Department" means a department of the Public Service specified in Schedule 1 (being the group of staff with the title so specified or the group of staff attached to the body or organisation so specified).
"Department Head" or "Head" means a Department Head referred to in section 10.
"disciplinary inquiry" means an inquiry conducted in accordance with the regulations in connection with a breach of discipline alleged to have been committed by an officer other than a chief executive officer in the Public Service.
"management review" means an examination of any functions and activities of a Department or declared authority for the purpose of assessing the extent to which any such functions and activities are being carried on in an effective, efficient and economical manner.
"notional salary", in relation to a chief executive officer or a senior executive officer, means:

(a) for the purposes of calculating the amount of an entitlement paid on or before 31 August 1996—72.5 per cent of the amount of the remuneration package for the officer as last determined before the time of payment, or

(b) for the purposes of calculating the amount of an entitlement paid between 1 September 1996 and 30 June 1998 (inclusive)—94.3 per cent of the amount of the remuneration package for the officer as last determined before the time of payment, or

(c) for the purposes of calculating the amount of an entitlement paid on or after 1 July 1998—the total amount of the remuneration package for the officer as last determined before the time of payment, less the superannuation guarantee amount payable in respect of the officer.

"NSW Health Service" has the same meaning as it has in section 16 of the Health Services Act 1997 .
"officer" means a person employed in any capacity under Part 2, and includes:

(a) a chief executive officer or a senior executive officer appointed under that Part, and

(b) an officer on probation,

but does not include a temporary employee.
"position" means a position in the Public Service.
"Public Service" means the Public Service of New South Wales, as referred to in section 5.
"Public Service Notices" means any document titled “Public Service Notices” published under the authority of the Government.
"senior executive officer" means a person holding a position referred to in Schedule 3B.
"senior executive position" means a position referred to in Schedule 3B.
"special inquiry" means a special inquiry under section 82.
"staff" or "members of the staff" means officers or temporary employees or both.
"superannuation guarantee amount" means the minimum amount payable to a superannuation fund or scheme in respect of an officer that is sufficient to avoid an individual superannuation guarantee shortfall, within the meaning of the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth, in respect of the officer.
"temporary employee" means a departmental temporary employee employed under Division 5 of Part 2 or a special temporary employee employed under Division 5A of Part 2.
"Tribunal" means the Government and Related Employees Appeal Tribunal established under the Government and Related Employees Appeal Tribunal Act 1980 .

(2) In this Act:

(a) a reference to a function includes a reference to a power, authority and duty, and

(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.