Public Sector Employment and Management (Mental Health Commission and Other Matters) Order 2012 (NSW)

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2012 No 270

New South Wales

Public Sector Employment and

Management (Mental Health
Commission and Other Matters) Order

2012

under the

Public Sector Employment and Management Act 2002

MARIE BASHIR, Governor I, Professor Marie Bashir AC, CVO, Governor of the State of New South Wales, with the advice of the Executive Council, and in pursuance of Chapter 4 of the Public Sector Employment and Management Act 2002, make the following Order.

Dated, this 27th day of June 2012.

By Her Excellency’s Command,

BARRY O’FARRELL, MP

Premier

Published LW 28 June 2012	Page 1
2012 No 270

Public Sector Employment and Management (Mental Health Commission and Other Matters)

Order 2012

Contents

Page

1 Name of Order 3
2 Commencement 3
3 Mental Health Commission Division 3
4 Public sector industrial relations functions 3
5 Construction of certain references relating to annual
reports 4

Public Sector Employment and Management (Mental Health Commission	2012 No 270
and Other Matters) Order 2012	Clause 1

Public Sector Employment and Management (Mental

Health Commission and Other Matters) Order 2012

under the

Public Sector Employment and Management Act 2002

1 Name of Order
This Order is the Public Sector Employment and Management (Mental
Health Commission and Other Matters) Order 2012.

2 Commencement

(1) This Order commences, or is taken to have commenced, on 1 July 2012 (except as provided by subclause (2)) and is required to be published on the NSW legislation website.
(2) Clause 5 commences, or is taken to have commenced, on 30 June 2012.
3 Mental Health Commission Division
(1) Establishment of new Division
The Mental Health Commission Division is established as a Division of the Government Service responsible to the Minister for Health and the Minister for Mental Health.

(2) Amendment of Public Sector Employment and Management Act 2002
No 43
Insert in Part 2 of Schedule 1 (Divisions of the Government Service) after the matter relating to the Health Professional Councils Authority Division:

Mental Health Commission Division Director-General of the Ministry of
Health
4 Public sector industrial relations functions

(1) Construction of certain references to Director-General of Department
of Premier and Cabinet
A reference in any of the following provisions to the Director-General of the Department of Premier and Cabinet is to be construed as a reference to the Director-General of the Department of Finance and

2012 No 270	Public Sector Employment and Management (Mental Health Commission
Clause 5	and Other Matters) Order 2012

Services except if the reference is used in relation to special temporary employees:

(a)

section 121 of the Public Sector Employment and Management Act 2002,

(b)

clauses 15, 17, 22 and 25 of the Public Sector Employment and Management Regulation 2009.

(2) Transfer of certain staff from DPC to DFS
The Industrial Relations Branch is removed from the Department of Premier and Cabinet and added to the Department of Finance and Services.
(3) In any document, a reference to the Department of Premier and Cabinet is to be construed as a reference to the Department of Finance and Services if the reference is used in relation to the Industrial Relations Branch in the Department of Premier and Cabinet.
(4) In this clause:
document means an Act or statutory instrument, or any other
instrument, or any contract or agreement.
special temporary employee means a person employed under Part 2.5
of the Public Sector Employment and Management Act 2002.
5 Construction of certain references relating to annual reports

(1) Housing Act 2001
The reference in section 17 of the Housing Act 2001 to the Department (within the meaning of that Act) is to be construed as a reference to the Department of Finance and Services.

(2) Homebush Motor Racing (Sydney 400) Act 2008
The reference in section 39 of the Homebush Motor Racing (Sydney 400) Act 2008 to the Department of State and Regional Development (required by previous orders to be construed as a reference to the Department of Trade and Investment, Regional Infrastructure and Services) is to be construed as a reference to the Destination NSW Division.

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Public Sector Employment and Management (Mental Health Commission and Other Matters) Order 2012 (NSW)

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1	Name of Order	3
2	Commencement	3
3	Mental Health Commission Division	3
4	Public sector industrial relations functions	3
5	Construction of certain references relating to annual
reports	4

(a)	section 121 of the Public Sector Employment and Management Act 2002,
(b)	clauses 15, 17, 22 and 25 of the Public Sector Employment and Management Regulation 2009.

(2)	Transfer of certain staff from DPC to DFS
The Industrial Relations Branch is removed from the Department of Premier and Cabinet and added to the Department of Finance and Services.
(3)	In any document, a reference to the Department of Premier and Cabinet is to be construed as a reference to the Department of Finance and Services if the reference is used in relation to the Industrial Relations Branch in the Department of Premier and Cabinet.
(4)	In this clause: *document* means an Act or statutory instrument, or any other instrument, or any contract or agreement. *special temporary employee* means a person employed under Part 2.5 of the Public Sector Employment and Management Act 2002.

(2)	Homebush Motor Racing (Sydney 400) Act 2008
The reference in section 39 of the Homebush Motor Racing (Sydney 400) Act 2008 to the Department of State and Regional Development (required by previous orders to be construed as a reference to the Department of Trade and Investment, Regional Infrastructure and Services) is to be construed as a reference to the Destination NSW Division.