Miscellaneous Acts (Public Sector Management) Amendment Act 1988 (NSW)

MISCELLANEOUS ACTS (PUBLIC SECTOR

MANAGEMENT) AMENDMENT ACT 1988 No. 34

NEW SOUTH WALES

TABLE OF PROVISIONS

1. Short title
2. Commencement
3. Amendments

SCHEDULE 1—AMENDMENTS RELATING TO REMOVAL FROM OFFICE OF

CERTAIN STATUTORY OFFICE HOLDERS

SCHEDULE 2—OTHER CONSEQUENTIAL AMENDMENTS

MISCELLANEOUS ACTS (PUBLIC SECTOR MANAGEMENT)

AMENDMENT ACT 1988 No. 34

NEW SOUTH WALES

Act No. 34, 1988

An Act to amend certain Acts with respect to the removal from office of	certain statutory office holders and to amend other Acts as a consequence
of the enactment of the Public Sector Management Act 1988. [Assented to 6 July 1988]

2   Act No. 34

Miscellaneous Acts (Public Sector Management) Amendment 1988

The Legislature of New South Wales enacts:

Short title

1. This Act may be cited as the Miscellaneous Acts (Public Sector

Management) Amendment Act 1988.

Commencement

2. This Act commences on a day or days to be appointed by

proclamation.

Amendments

1. Each Act specified in Schedules 1 and 2 is amended as set out in those

Schedules.

SCHEDULE 1—AMENDMENTS RELATING TO REMOVAL FROM

OFFICE OF CERTAIN STATUTORY OFFICE HOLDERS

(Sec. 3)

Anti-Discrimination Act 1977 No. 48—

(1) Section 80 (President-

Section 80 (4)—
Omit the subsection, insert instead:

(4) The Governor may remove the President from office for incapacity, incompetence or misbehaviour.

(2) Section 122HB (Retirement or removal from office)—

Section 122HB (2)—

Omit the subsection, insert instead:

(2) The Governor may remove the Director from office for

incapacity, incompetence or misbehaviour.

Forestry Act 1916 No. 55—

Section 5 (Constitution of the commission)—

(1) Section 5 (8) (a) (vii)—

Omit the subparagraph, insert instead:

(vii) is removed from office under subsection (8A); or

(2) Section 5 (8A)—

After section 5 (8), insert:

(8A) The Governor may remove the Commissioner or an Assistant Commissioner from office for incapacity, incompetence or misbehaviour.

Miscellaneous Acts (Public Sector Management) Amendment 1988

SCHEDULE 1—AMENDMENTS RELATING TO REMOVAL FROM OFFICE OF CERTAIN STATUTORY OFFICE HOLDERS—continued

Soil Conservation Act 1938 No. 10—

Section 4 (Commissioner of Soil Conservation Service)—

(1) Section 4 (7) (a) (vii)—

Omit subparagraph (vii), insert instead:

(vii) is removed from office under subsection (7A); or

(2) Section 4 (7A)—

After section 4 (7), insert:

(7A) The Governor may remove the Commissioner from office

for incapacity, incompetence or misbehaviour.

State Lotteries Act 1930 No. 51—

Section 7 (Director)—
(1) Section 7(1)—

Omit "may determine", insert instead "may specify in the instrument of appointment".

(2) Section 7 (4)—

Omit the subsection, insert instead:

(4) The Governor may remove the Director from office for

incapacity, incompetence or misbehaviour.

State Transport (Co-ordination) Amendment Act 1954 No. 48—

(1) Section 5 (Alteration of office of Superintendent of Motor Transport)

Section 5 (l)(b)—

Omit "sections 8 and 9", insert instead "section 9".

(2) Section 8—

After section 7, insert:

Removal from office of Commissioner for Motor Transport

8. The Governor may remove the Commissioner for Motor Transport from office for incapacity, incompetence or misbehaviour.

Western Lands Act 1901 No. 70—

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Miscellaneous Acts (Public Sector Management) Amendment 1988

SCHEDULE 1—AMENDMENTS RELATING TO REMOVAL FROM OFFICE OF CERTAIN STATUTORY OFFICE HOLDERS—continued

(6) The Governor may remove the Commissioner or an Assistant Commissioner from office for incapacity, incompetence or misbehaviour.

SCHEDULE 2—OTHER CONSEQUENTIAL AMENDMENTS

(Sec. 3)

Government and Related Employees Appeal Tribunal Act 1980 No. 39—

(1) Section 4 (Definitions)—

(a)

Section 4(1), definition of "employee"— instead "section 3 (1) of the Public Sector Management Act 1988".

(b)

Section 4(1), definition of 'employee"— or", insert instead "but not in the Public Service or by".

(c)	Section 4(1), definition of "employer"—
From paragraph (a) (i), omit "Public Service Board", insert instead "Public Employment Industrial Relations Authority".

id) Section 4(1), definition of "employer"—

From paragraph (a) (ii), omit "Public Service Board or the appropriate Department Head within the meaning of section 4 (1) of the Public Service Act, 1979", insert instead "Public Employment Industrial Relations Authority or the appropriate Department Head within the meaning of section 3 (1) of the Public Sector Management Act 1988".

(e)

Section 4(1), definition of "employer"— Employment Industrial Relations Authority".

(0 Section 4(1)—

After the definition of "office", insert:

"Public Employment Industrial Relations Authority" means the Public Employment Industrial Relations Authority constituted by the Public Sector Management Act 1988;

(g)

Section 4(1), definition of "Public Service"— 3 (1) of the Public Sector Management Act 1988".

(h) Section 4 (1). definition of "Public Service Board"— Omit the definition.

Miscellaneous Acts (Public Sector Management) Amendment 1988

SCHEDULE 2—OTHER CONSEQUENTIAL AMENDMENTS—continued

(3) Section 21 (Excluded circumstances)—

(a)

Section 21 (1) (d) (i)— of the Public Service", insert instead "a clerk's position graded 12 in the Public Service".

(b)	Section 21 (1) (g)— Omit "or had reasonable cause for failing to do so".
(c)

Section 21 (1) (j)— 3 (1) of the Public Sector Management Act 1988".

(4) Section 22 (Effect of failure to notify vacancy)—

(a) Section 22 (a)—

Omit "where the employer is a person other than the Public Service Board", insert instead "if the vacant office is not one in the Public Service".

(b) Section 22 (b)—

Omit "where the employer is the Public Service Board", insert instead "if the vacant position is one in the Public Service".

(c)

Section 22 (b)— 3 (1) of the Public Sector Management Act 1988".

(5) Schedule 1 (Provisions relating to the offices of Senior Chairman and Chairman)—

Clause 1 —

Omit "Public Service Act, 1979", insert instead "Public Sector Management

Act 1988 (other than Part 8)".

(6) Schedule 2 (Provisions relating to the nomination of employers' representatives and

employees' representatives)—

(?) Clause 3 (Representative of Public Service Board)—

Omit the clause.

(b)

Clauses 4 (c), 4A (C)— instead "section 3 (1) of the Public Sector Management Act 1988".

Industrial Arbitration Act 1940 No. 2—

(1) Section 20 (Original jurisdiction)—

(a)	Section 20 (1 B)—
Omit "Public Service Act, 1979", insert instead "Public Sector Management Act 1988".

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Miscellaneous Acts (Public Sector Management) Amendment 1988

SCHEDULE 2—OTHER CONSEQUENTIAL AMENDMENTS—continued

(c)	Section 20 (1 B) (b)— Omit "the Public Service Board or any other", insert instead "a".
(d)	Section 20 (1B) (b)— Omit "Public Service Board or other".

(2) Section 20A (Awards relating to dismissal of employees)—

Section 20A (2)—
Omit the subsection, insert instead:

(2) In subsection (1). a reference to the dismissal or proposed dismissal of an employee is, in relation to a person employed under the Public Sector Management Act 1988, a reference to the termination or proposed termination of the employment of such a person—

(a) under section 38, 68, 69. 75 or 76 of that Act; or
(b) as referred to in section 54 of that Act,

and includes a reference to the termination or proposed termination of the employment of such a person under section 68, 69, 75 or 76 of that Act as a result of a direction that the person resign or be allowed to resign.

Public Finance and Audit Act 1983 No. 152—

(1) Schedule 2 (Statutory bodies)—

In alphabetical order, insert "Public Employment Industrial Relations

Authority".

(2) Schedule 3 (Departments)—

Omit the item relating to the Public Service Board of New South Wales.

Public Servant Housing Authority Act 1975 No. 38—

Section 7 (Members of Authority)—

(1) Section 7 ( l ) ( a )—

Omit "Chairman of the Public Service Board", insert instead "Secretary of the

Department of Administrative Services".

(2) Section 7 ( S i -

Omit "the Public Service Board", insert instead "the Department of

Administrative Services".

Statutory and Other Offices Remuneration Act 1975 (1976 No. 4)—

(I) Section 7 (Assessors)—

Section 7(1) (a)—

Miscellaneous Acts (Public Sector Management) Amendment 1988

SCHEDULE 2—OTHER CONSEQUENTIAL AMENDMENTS—continued

(2) Section 10 (Assistance for the Tribunal)—

Omit "Public Service Board", insert instead "Minister".

(3) Schedule 1 (Public offices)—

Omit the following:
Chairman of the Public Service Board.

Member of the Public Service Board, other than the Chairman.