Public Sector Employment Legislation Amendment Act 2006 (NSW)
An Act to amend the Public Sector Employment and Management Act 2002, the Health Services Act 1997, the Health Administration Act 1982 and various other Acts to make further provision with respect to the employment of public sector staff; to repeal the Ambulance Services Act 1990; and for other purposes.
This Act is the Public Sector Employment Legislation Amendment Act 2006.
This Act commences on a day or days to be appointed by proclamation.
The Public Sector Employment and Management Act 2002 is amended as set out in Schedule 1.
The Health Services Act 1997 is amended as set out in Schedule 2.
The Health Administration Act 1982 is amended as set out in Schedule 3.
Each Act specified in Schedule 4 is amended as set out in that Schedule.
Each Act and instrument specified in Schedule 5 is amended as set out in that Schedule.
The Ambulance Services Act 1990 is repealed.
(Section 3)
Omit the section. Insert instead:
In this Act:
(a) where the expression is used in connection with a Division of the Government Service—the Head of the Division, or
(b) where the expression is used in connection with a member of the staff of a Division of the Government Service—the Head of the Division to which the member of staff belongs.
In the case of a Division that is designated as a Department of the Public Service (see section 6), the term
(a) the Government Service,
(b) the Teaching Service,
(c) NSW Police,
(d) the NSW Health Service,
(e) the service of either House of Parliament, or the President or Speaker, or the President and the Speaker jointly,
(f) any other service of the Crown,
(g) the service of any other person or body constituted by or under an Act or exercising public functions (such as a State owned corporation), being a person or body that is prescribed, or that is of a class prescribed, for the purposes of this definition.
The Public Service comprises the Divisions of the Government Service specified in Part 1 of Schedule 1.
Notes included in this Act do not form part of this Act.
Insert after Chapter 1:
The Government Service of New South Wales consists of those persons who are employed under this Chapter by the Government of New South Wales in the service of the Crown.
This Chapter does not affect any other means (statutory or otherwise) by which a person may be employed in the service of the Crown.
Other ways in which persons are employed in the service of the Crown include employment in the Teaching Service, the NSW Health Service or NSW Police.
The Government of New South Wales may, subject to subsection (2), employ staff in any Division of the Government Service.
The employment of staff in the Government Service, including the exercise of employer functions in relation to that staff, is subject to the requirements of this or any other Act relating to that staff.
For example, Chapter 2 regulates the employment of staff in Divisions comprising the Public Service and sections 129–131 confer industrial relations employer functions on the Director of Public Employment in relation to the Public Service. Also, the employment of staff in a Division may, in some cases, be subject to regulations under another Act (eg section 17 of the Technical and Further Education Commission Act 1990 and sections 62, 65 and 65D of the Transport Administration Act 1988).
Without limiting the purposes for which staff may be employed in the Government Service, staff may be employed by the Government of New South Wales under this Chapter in a Division to enable a statutory corporation to exercise its functions.
The Divisions of the Government Service are the Divisions specified in Schedule 1.
A Division is the group of staff with the name specified in Schedule 1.
Some Divisions are designated as Departments of the Public Service (see Part 1 of Schedule 1).
The employment of staff in a Division specified in Part 3 of Schedule 1 is subject to such limitations (if any) as may be specified in Column 1 of that Part in relation to the Division.
See Chapter 4 for other provisions relating to Divisions.
The person holding the position or office specified in Column 2 of Schedule 1 opposite the name of a Division of the Government Service is, for the purposes of this or any other Act, the Division Head in relation to the Division concerned.
In the case of most of the Divisions of the Government Service that are designated as Departments, the Department Head positions are created by this Act—see section 10.
A Division Head may, subject to section 4B (2), exercise on behalf of the Government of New South Wales the employer functions of the Government in relation to the members of staff of the Division.
A Division Head may establish or abolish, or change the name of, any branch or other part of the Division.
The Government of New South Wales may fix the salary, wages and conditions of employment of staff employed under this Chapter in so far as they are not fixed by or under any other law.
The Minister or the Treasurer may give directions to a statutory corporation requiring the payment by the statutory corporation, on behalf of the Government of New South Wales, of the salary, wages and other employment-related costs (such as superannuation, workers compensation, public liability insurance and vicarious tortious liability) in respect of those members of the Government Service who are employed under this Chapter to enable the statutory corporation to exercise its functions.
If a fund is established under any Act in connection with a statutory corporation and the provisions of that Act authorise the payment of amounts from the fund in connection with the employment of staff, the statutory corporation is authorised to apply the fund for the purposes of any payment required to be made by the corporation pursuant to a direction under subsection (2).
The Division Head of a Division may delegate to any member of staff of that or any other Division of the Government Service:
(a) any of the Division Head’s functions under this Act (other than this power of delegation), and
(b) any employment-related functions under any other Act that the Division Head exercises on behalf of the Government of New South Wales in relation to the staff in that Division.
If:
(a) a function of a Division Head is delegated to a member of staff in accordance with subsection (1), and
(b) the instrument of delegation authorises the sub-delegation of the function,
then, subject to any conditions to which the delegation is subject, the person may sub-delegate the function to another member of staff of that or any other Division of the Government Service.
In this section:
(a) a reference to the functions of a Division Head includes a reference to any functions delegated to the Division Head under this Act, and
(b) a reference to a member of staff of a Division includes a reference to a person holding an appointment to or in a body or organisation in respect of which a Division of the Government Service is established to enable the body or organisation to exercise its functions.
In this section,
Regulations with respect to the Public Service may be made under section 62.
The regulations may make provision for or with respect to the employment of staff in a Division, including the conditions of employment and the discipline of any such staff.
Any such regulations relating to the conditions of employment or the discipline of staff employed in a Division:
(a) have effect subject to any State industrial instrument relating to that staff, and
(b) have effect despite any determination under section 4E (1), and
(c) are subject to Part 3.1 of this Act.
Any regulation that is made under another Act and that relates to the conditions of employment or the discipline of staff in a Division prevails, to the extent of any inconsistency, over any regulation made under this section.
This section applies to a Division of the Government Service that is specified in Part 2 of Schedule 1 as a Division to which this section applies.
The Director of Public Employment may, with the approval of the Minister and by notice in writing to the Division Head of a Division to which this section applies, require the Division Head:
(a) to notify the Director of Public Employment of such industrial matters affecting the Division as may be specified in the notice, and
(b) to exercise the Division Head’s functions in respect of any such industrial matter in such manner as may be specified in the notice.
A notice may specify the manner and the time within which industrial matters must be notified.
A Division Head must comply with a requirement under this section.
Part 5 of the Workers Compensation Act 1987 applies to work injury damages recoverable from the Government of New South Wales, and to work injury damages recoverable from a statutory corporation, by or in respect of a person employed in a Division of the Government Service to enable the statutory corporation to exercise its functions. That Part so applies as if:
(a) the statutory corporation were an employer of the person in addition to the Government, and
(b) the statutory corporation were an employer liable to pay compensation under that Act.
A policy of insurance may be issued to the Government of New South Wales under the Workers Compensation Act 1987 that is limited to workers employed in a particular Division of the Government Service.
A licence under Division 5 (Self-insurers) of Part 7 of the Workers Compensation Act 1987 that is limited to workers employed in a particular Division of the Government Service may be granted to the Government of New South Wales.
If:
(a) a person is employed in a Division of the Government Service to enable a statutory corporation to exercise its functions, and
(b) the Government of New South Wales is, as the person’s employer, proceeded against for any negligence or other tort of the person (whether the damages are recoverable in an action for tort or breach of contract or in any other action), and
(c) the statutory corporation is entitled under a policy of insurance or indemnity to be indemnified in respect of liability that the corporation may incur in respect of that negligence or other tort,
the Government is subrogated to the rights of the statutory corporation under that policy in respect of the liability incurred by the Government arising from that negligence or other tort.
For the purposes of Division 2 of Part 9 of Chapter 2 of the Industrial Relations Act 1996:
(a) if a person who is employed in a Division of the Government Service (other than a Department) is appointed (otherwise than on an acting basis) to another position in a different Division of the Government Service, the person is taken to have entered into a new contract of employment in respect of that other position, and
(b) the cessation of a person’s appointment (whether by way of dismissal, resignation, transfer or otherwise) to a position in the Government Service is taken to terminate the person’s contract of employment in respect of that position.
However, a person who holds an appointment to a position that is abolished does not, for the purposes of subsection (5) (b), cease to be appointed to that position until:
(a) such time as the person is appointed to another position in the Government Service, or
(b) such time as the person’s employment in the Government Service is terminated,
whichever occurs first.
In this section:
Any Division of the Government Service in which staff are employed by the Government of New South Wales under this Chapter to enable a statutory corporation to exercise its functions is, for the purposes of the Privacy and Personal Information Protection Act 1998 and the Health Records and Information Privacy Act 2002, taken to be part of the statutory corporation.
In any other Act, or in any instrument made under any Act or in any other instrument of any kind (whether enacted, made or executed before or after the commencement of this section):
(a) a reference to a member of staff (however described) of a statutory corporation (including as an officer or employee of the corporation concerned) is to be read as including a reference:
(i) to a member of staff of a Division of the Government Service comprising the group of staff who are employed under this Chapter to enable the statutory corporation to exercise its functions, and
(ii) to any other person whose services the statutory corporation makes use of (whether by way of secondment or otherwise), and
(b) a reference to a position in a statutory corporation is to be read as including a reference to the same position in the Division of the Government Service comprising the group of staff who are employed under this Chapter to enable the statutory corporation to exercise its functions, and
(c) a reference to a statutory corporation in its capacity as an employer of staff (however described) is, to the extent that the staff concerned comprise a group of staff employed under this Chapter to enable the statutory corporation to exercise its functions, to be read as including a reference to the Government of New South Wales or, as the case requires, to the Division Head of the Division of the Government Service in which the staff are employed, and
(d) a reference to the employment of a person under Chapter 2 of this Act is taken to include a reference to the employment of the person under Chapter 1A of this Act.
This section is subject to the regulations.
Omit the section. Insert instead:
In this Chapter:
Omit the section. Insert instead:
The Divisions of the Government Service specified in Part 1 of Schedule 1 comprise the Public Service of New South Wales.
Any such Division may be referred to as a
Omit “Public Employment Office” wherever occurring.
Insert instead “Director of Public Employment”.
Insert “Part 1 of” before “Schedule 1” wherever occurring.
Omit the section.
Omit “under this Chapter” from section 12 (2).
Omit the section.
Omit section 17 (3). Insert instead:
The employment of a senior executive officer in the Public Service is subject to Part 3.1.
Omit “it” wherever occurring. Insert instead “the Director”.
Omit “the Health Service” from the definition of
Insert instead “the Government Service, the NSW Health Service”.
Insert at the end of the definition:
Most public authorities do not employ staff directly. Divisions of the Government Service are established under this Act to provide staff to enable statutory corporations to exercise their functions.
Omit the paragraph. Insert instead:
in the case of a senior executive officer in the Government Service—the appropriate Division Head, or
Omit “Public Service” wherever occurring.
Insert instead “Government Service”.
Omit “Department” from section 77 (3) (c).
Insert instead “Division of the Government Service”.
Insert after section 77 (6):
A member of staff of a Division of the Government Service referred to in Part 2 of Schedule 1 who ceases to be an executive officer because of subsection (5) ceases to be a member of the Government Service unless appointed to another position in that Division.
Omit “a Department”. Insert instead “a Division of the Government Service”.
Omit “specified Department”. Insert instead “specified Division”.
Omit section 78 (9) (a). Insert instead:
employment in the public sector is a reference to employment in the Government Service, the Teaching Service, the NSW Health Service, NSW Police or in the service of a public authority, and
Omit “Department” from the definition of
Insert instead “Division of the Government Service”.
Omit section 90 (1) (b). Insert instead:
in the case of a member of staff of a Division of the Government Service—dismiss the member from the Government Service.
Omit the note to section 95 (1).
Insert after section 95 (1):
Such an election cannot be made by an employee if the employee is only moving between different Departments of the Public Service.
However, such an election may, without limiting subsection (1), be made by:
(a) an employee in a Division of the Government Service referred to in Part 2 or 3 of Schedule 1 who is moving to another Division (including a Department) or to any other public sector service, or
(b) an employee in a Department who is moving to a Division of the Government Service referred to in Part 2 or 3 of Schedule 1.
Subsection (1B) has effect despite anything to the contrary in the Annual Holidays Act 1944 or the Long Service Leave Act 1955.
Omit “Department Head in the case of a member of the Public Service” from section 98 (4).
Insert instead “Division Head in the case of a member of the Government Service”.
Insert “(including in a Division of the Government Service other than a Department)” after “public sector service” in section 100 (1) (b).
Omit the subsection. Insert instead:
If the person is employed in the Public Service and in any other public sector service (including in a Division of the Government Service other than a Department), the relevant Department Head and the chief executive officer or Division Head (as the case requires) of that other public sector service may determine that the person is to be regarded as employed in the relevant Department or in that other service or Division for the purposes of the conditions of employment of the person.
Omit the subsection. Insert instead:
For the purposes of this section, conditions of employment include:
(a) the provisions of or made under this Act or any other Act under which a public sector service is established, and
(b) in the case of a Division of the Government Service in which staff are employed to enable a statutory corporation to exercise its functions, the provisions of or made under the Act under which the statutory corporation is established.
Insert after section 103 (2):
If a person is employed in a Division of the Government Service referred to in Part 2 of Schedule 1, a reference in this section to a public sector service in relation to that person is taken to be a reference to that Division only.
Omit the Chapter. Insert instead:
The Governor may by order:
(a) establish, abolish or change the name of any Division of the Government Service (or any branch of any Division of the Government Service), or
(b) remove a branch from any Division of the Government Service, or
(c) add a branch to any Division of the Government Service,
Any other Act may establish, abolish or change the name of a Division of the Government Service by amendment of Schedule 1 to insert, omit or change the name of the Division, respectively.
If the Governor removes a branch from any Division of the Government Service and adds it to another Division:
(a) so much of the staff of the first-mentioned Division as relates to the branch become correspondingly part of the staff of the other Division, and
(b) the staff of the branch continue to occupy their positions in the branch but as members of the staff of that other Division.
In this section,
The Governor may, by order, do any of the following:
(a) amend Column 1 of any Part of Schedule 1 by inserting, omitting or changing the name of a Division of the Government Service,
(b) amend Column 2 of any Part of Schedule 1 by inserting the title or other description of an office or position opposite an entry in Column 1 of the Part, or by omitting or amending a title or other description in Column 2 of the Part,
(c) specify, in the case of a Division referred to in Part 2 of Schedule 1, that the Division is a Division to which section 4H applies,
(d) remove any such specification in relation to a Division referred to in Part 2 of Schedule 1,
(e) specify, in the case of a Division referred to in Part 3 of Schedule 1, limitations with respect to which the employment of staff in the Division are subject,
(f) amend or remove any such specified limitations in relation to a Division referred to in Part 3 of Schedule 1,
(g) omit any or all Parts of Schedule 1 and insert instead a Part or Parts containing in Column 1 the names of Divisions of the Government Service (and any other matter relating to them that may be the subject of an order under this Chapter) and containing in Column 2 the titles or other descriptions of offices or positions.
The Governor may by order specify the Minister who is to be responsible for a Division of the Government Service.
In this Part:
(a) the fact of there ceasing to be a Minister, Division of the Government Service or officer of a particular description, or
(b) the transfer of the administration of an Act, or a part of an Act, from a Minister to another Minister, or
(c) the transfer of a function from a Minister, Division of the Government Service or officer to another Minister, Division or officer, respectively.
The Governor may make orders containing provisions requiring a reference in any Act or statutory instrument, or in any other instrument, or in any contract or agreement, to a Minister, Division of the Government Service or officer by a specified description to be construed as a reference to a Minister, Division or officer, respectively, by another specified description.
Such a provision does not apply to or in respect of any Act or statutory instrument, or any other instrument, or any contract or agreement, enacted, made or entered into after the date of publication in the Gazette of the order in which the provision is contained, or the date on which the provision takes effect, whichever is the later.
An order under this section need not be consequential on or incidental to administrative change.
The Governor may make orders containing such provisions as in the opinion of the Governor are necessary or convenient to be made for the purpose of dealing with matters that are incidental to or consequential on administrative change, the making of an order under this Part or a requirement imposed by an order under this Part.
The provisions that may be made by an order under this section include provisions for the transfer of any property, rights and liabilities held, enjoyed or incurred by a superseded authority, and provisions of a transitional or savings nature, including any of the following provisions:
(a) provisions for the carrying on or completion of anything commenced by, or under the authority of, or in relation to, a superseded authority,
(b) provisions for the continuity of any body constituted by, or having amongst its members, a superseded authority,
(c) provisions for the substitution, in any legal proceedings, of a Minister or officer for a superseded authority.
In this section:
An order under this Chapter is to be published in the Gazette.
The order takes effect on the date of its publication in the Gazette, or on such other date as may be specified in the order. The commencement date can be a date that is earlier than the date of publication of the order in the Gazette.
An order under this Chapter may be made so as:
(a) to apply generally or be limited in its application by reference to specified exceptions or factors, or
(b) to apply differently according to different factors of a specified kind.
An order under this Chapter does not invalidate anything done or omitted to be done before the date of its publication in the Gazette.
To the extent to which an order under this Chapter takes effect from a date that is earlier than the date of its publication in the Gazette, the order 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.
An order may be made under this Chapter combining any 2 or more of the provisions authorised by this Chapter, including provisions authorised under different sections.
Omit section 114 (3) (a). Insert instead:
employment in the public sector is a reference to employment:
(i) as an officer of the Public Service or the Teaching Service, or
(ii) as a member of NSW Police, or
(iii) as a member of staff of a Division of the Government Service referred to in Part 2 of Schedule 1, or
(iv) in the service of a public authority established by or under an Act, and
Omit “
Insert instead “
Omit “
Insert instead “
Omit the section. Insert instead:
There is to be a Director of Public Employment. The position of Director of Public Employment is to be held by the Director-General of the Premier’s Department.
The Director of Public Employment has such functions as are conferred or imposed on the Director by or under this or any other Act.
Omit the section.
Omit section 124 (3) (b) (ii). Insert instead:
a reference to a person holding an appointment to or in a body or organisation having functions that are exercised by the staff of that Department.
Insert after section 126 (3):
In this section:
(a) a reference to a public sector service includes, in the case of the Government Service, a reference to a Division of the Government Service, and
(b) a reference to the head of a public sector service that is a Division of the Government Service includes a reference to the Division Head.
Omit “that Office” from section 131 (4). Insert instead “the Director”.
Omit the section. Insert instead:
An authorised officer may:
(a) enter the premises of any Department, and
(b) require the production of and examine any documents in the custody of any member of the staff of any Department, and
(c) require any member of the staff of any Department to answer questions,
for the purposes of enabling the Director of Public Employment to exercise the Director’s functions.
In this section:
(a) the Director of Public Employment, or
(b) any member of staff of a Department who is appointed by the Director of Public Employment as an authorised officer for the purposes of this section.
Omit the Part.
Omit “Department” wherever occurring.
Insert instead “Division of the Government Service”.
Omit the Schedule. Insert instead:
(Sections 4C, 4D, 6, 10 and 105)
Column 1 | Column 2 |
Name of Division | Division Head |
Department of Aboriginal Affairs | Director-General of the Department |
Aboriginal Housing Office Group of Staff | Chief Executive Officer of the Aboriginal Housing Office |
Department of Ageing, Disability and Home Care | Director-General of the Department |
Department of the Arts, Sport and Recreation | Director-General of the Department |
Attorney General’s Department | Director-General of the Department |
Office of the Board of Studies | General Manager of the Office |
The Cabinet Office | Director-General of the Office |
Office of the Commission for Children and Young People | * Commissioner for the Commission for Children and Young People |
Office of the Children’s Guardian | * Children’s Guardian |
Department of Commerce | Director-General of the Department |
Office of the Community Relations Commission | Chairperson of the Commission |
Department of Community Services | Director-General of the Department |
Office of the Co-ordinator General of Rail | Co-ordinator General of Rail |
Department of Corrective Services | Commissioner of Corrective Services |
Office of the New South Wales Crime Commission | * Commissioner for the New South Wales Crime Commission |
Office of the Director of Public Prosecutions | * Director of Public Prosecutions |
Department of Education and Training | Director-General of the Department |
Department of Energy, Utilities and Sustainability | Director-General of the Department |
Department of Environment and Conservation | Director-General of the Department |
Office of the NSW Food Authority | Director-General of the Authority |
Department of Health | Director-General of the Department |
Office of the Health Care Complaints Commission | * Commissioner of the Health Care Complaints Commission |
Department of Housing | Director-General of the Department |
Office of the Institute of Teachers | Chief Executive of the Institute |
Department of Juvenile Justice | Director-General of the Department |
Department of Lands | Director-General of the Department |
Office of the Legal Aid Commission | * Chief Executive Officer of the Commission |
Department of Local Government | Director-General of the Department |
Office of the Motor Accidents Authority | General Manager of the Authority |
Department of Natural Resources | Director-General of the Department |
New South Wales Fire Brigades | Commissioner of New South Wales Fire Brigades |
NSWbusinesslink | Managing Director, NSWbusinesslink |
Ombudsman’s Office | * Ombudsman |
Department of Planning | Director-General of the Department |
Ministry for Police | Director-General of the Ministry |
Office of the Police Integrity Commission | * Commissioner for the Police Integrity Commission |
Premier’s Department | Director-General of the Department |
Department of Primary Industries | Director-General of the Department |
Office of the Redfern–Waterloo Authority | Chief Executive Officer of the Authority |
Office of the Rural Assistance Authority | * Chief Executive of the Authority |
Department of Rural Fire Service | Commissioner of the NSW Rural Fire Service |
Department of State and Regional Development | Director-General of the Department |
State Electoral Office | * Electoral Commissioner |
State Emergency Service | Director-General of the Service |
Office of the Sydney Harbour Foreshore Authority | Chief Executive Officer of the Authority |
Office of the Sydney Olympic Park Authority | Chief Executive Officer of the Authority |
Office of the Sydney 2009 World Masters Games Organising Committee | Chief Executive Officer of SWMGOC |
Ministry of Transport | Director-General of the Ministry |
The Treasury | Secretary of the Treasury |
Office of the WorkCover Authority | Chief Executive Officer of the Authority |
The positions above marked with an asterisk are positions that are created by another Act and are not Public Service positions. The other positions are created by this Act (see section 10) and are Public Service positions.
The Divisions listed in this Part that are marked with an asterisk are the Divisions to which section 4H (Division Heads of certain Divisions to comply with directions of Director of Public Employment on industrial matters) applies.
Column 1 | Column 2 |
Name of Division | Division Head |
Benerembah Irrigation District Environment Protection Trust Division | Full-time member of the Benerembah Irrigation District Environment Protection Trust |
Cancer Institute Division | Director-General of the Department of Health |
Casino Control Authority Division | Chief Executive of the Casino Control Authority |
* Cobar Water Board Division | Full-time member of the Cobar Water Board |
* Greyhound and Harness Racing Regulatory Authority Division | Chief Executive of the Greyhound and Harness Racing Regulatory Authority |
Health Professional Registration Boards Division | Director-General of the Department of Health |
* Home Care Service Division | Director-General of the Department of Ageing, Disability and Home Care |
Independent Transport Safety and Reliability Regulator Division | Chief Executive of the Independent Transport Safety and Reliability Regulator |
Institute of Sport Division | Chief Executive Officer of the Institute of Sport (and the Chairperson of the Board of the Institute in relation to the Chief Executive Officer) |
Internal Audit Bureau Division | Chief Executive of the Internal Audit Bureau of New South Wales |
Jenolan Caves Reserve Trust Division | General Manager of the Jenolan Caves Reserve Trust (and the Chairperson of the Jenolan Caves Reserve Trust Board in relation to the General Manager) |
Parramatta Stadium Trust Division | Chief Executive Officer of the Parramatta Stadium Trust (and the Chairperson of the Trust in relation to the Chief Executive Officer) |
* Roads and Traffic Authority Division | Chief Executive of the Roads and Traffic Authority |
Rural Lands Protection Boards Division | Chief Executive Officer of the State Council of Rural Lands Protection Boards (and the Chairperson of the State Council in relation to the Chief Executive Officer) |
* SAS Trustee Corporation Division | Chief Executive of the SAS Trustee Corporation |
State Council of Rural Lands Protection Boards Division | Chairperson of the State Council of Rural Lands Protection Boards |
State Sports Centre Trust Division | Director of the State Sports Centre Trust (and the Chairperson of the Trust in relation to the Director) |
* State Transit Authority Division | Chief Executive of the State Transit Authority |
Sydney Catchment Authority Division | Chief Executive of the Sydney Catchment Authority |
Sydney Cricket and Sports Ground Trust Division | Secretary of the Sydney Cricket and Sports Ground Trust (and the Chairperson of the Trust in relation to the Secretary) |
* TAFE Commission Division | Managing Director of the TAFE Commission |
Treasury Corporation Division | Chief Executive of the Treasury Corporation |
Upper Parramatta River Catchment Trust Division | Director-General of the Department of Natural Resources |
* Waterways Authority Division | Chief Executive of the Waterways Authority |
Western Sydney Buses Division | Manager of Western Sydney Buses (and the Chief Executive of the State Transit Authority in relation to the Manager) |
Wild Dog Destruction Board Division | Chairperson of the Wild Dog Destruction Board |
Wollongong Sportsground Trust Division | Chief Executive Officer of the Wollongong Sportsground Trust (and the Chairperson of the Trust in relation to the Chief Executive Officer) |
* Zoological Parks Board Division | Director of the Zoological Parks Board |
The employment of staff in a Division listed in this Part is subject to the limitations specified in relation to that staff (see section 4C (3)). These Divisions comprise ancillary groups of staff who are not part of the Public Service but who are employed under Chapter 1A in connection with a statutory corporation that, in most cases, also has Public Service staff assigned to it.
Column 1 | Column 2 |
Name of Division | Division Head |
Board of Studies Casual Staff Division (limited to casual staff employed otherwise than under Chapter 2 of this Act for the purposes of marking examinations or for any other purpose approved by the Minister administering the Education Act 1990) | General Manager of the Office of the Board of Studies |
Board of Studies Inspectors Division (limited to temporary staff employed otherwise than under Chapter 2 of this Act for the purposes of developing the school curriculum, exercising functions in connection with approvals, registrations and accreditations under Parts 7 and 8 of the Education Act 1990 and exercising such other functions as may be conferred on Board inspectors under that Act or as may be determined by the Board of Studies) | General Manager of the Office of the Board of Studies |
Boxing Authority Casual Staff Division (limited to casual staff employed otherwise than under Chapter 2 of this Act for any purpose approved by the Minister administering the Boxing and Wrestling Control Act 1986) | Chairperson of the Boxing Authority |
Building and Construction Industry Long Service Payments Corporation Casual Staff Division (limited to casual staff employed otherwise than under Chapter 2 of this Act with the approval of the Minister administering the Building and Construction Industry Long Service Payments Act 1986) | Chief Executive Officer of the WorkCover Authority |
Energy Corporation Division (limited to staff employed with the approval of the Minister administering the Energy and Utilities Administration Act 1987) | Director-General of the Department of Energy, Utilities and Sustainability |
Environment Protection Authority Special Purpose Division (limited to staff employed for any special purpose approved by the Minister administering the Protection of the Environment Administration Act 1991) | Director-General of the Department of Environment and Conservation |
Forestry Commission Division (limited to staff employed on a casual basis otherwise than under Chapter 2 of this Act and to trade and field staff engaged in forestry work) | Director-General of the Department of Primary Industries |
Game Council Division (limited to staff who are not subject to Chapter 2 of this Act) | Chairperson of the Game Council |
Independent Pricing and Regulatory Tribunal Division (limited to staff who are not subject to Chapter 2 of this Act) | Chairperson of the Independent Pricing and Regulatory Tribunal |
Institute of Teachers Special Purpose Division (limited to staff employed for any special purpose approved by the Minister administering the Institute of Teachers Act 2004) | Chief Executive of the Institute of Teachers |
Legal Aid Commission Temporary Staff Division (limited to staff employed on a temporary basis otherwise than under Chapter 2 of this Act with the approval of the Director of Public Employment) | Chief Executive Officer of the Legal Aid Commission |
Motor Accidents Authority Casual Staff Division (limited to staff employed on a casual basis otherwise than under Chapter 2 of this Act) | General Manager of the Motor Accidents Authority |
Natural Resources Commission Division (limited to staff who are not subject to Chapter 2 of this Act) | Commissioner for the Natural Resources Commission |
New South Wales Crime Commission Division (limited to staff who are not subject to Chapter 2 of this Act) | Commissioner for the New South Wales Crime Commission |
NSW Institute of Psychiatry Division (limited to staff, employed with the approval of the Minister administering the New South Wales Institute of Psychiatry Act 1964, having such medical, scientific or technical or other para-medical qualifications as may be necessary for carrying out the provisions of that Act) | Director-General of the Department of Health |
Police Integrity Commission Division (limited to staff who are not subject to Chapter 2 of this Act) | Commissioner for the Police Integrity Commission |
Rental Bond Board Special Purpose Division (limited to staff employed for any special purpose approved by the Minister administering the Landlord and Tenant (Rental Bonds) Act 1977) | Director-General of the Department of Commerce |
Sydney Harbour Foreshore Authority Casual Staff Division (limited to staff employed on a casual basis otherwise than under Chapter 2 of this Act) | Chief Executive Officer of the Sydney Harbour Foreshore Authority |
Sydney Olympic Park Authority Casual Staff Division (limited to staff employed on a casual basis otherwise than under Chapter 2 of this Act) | Chief Executive Officer of the Sydney Olympic Park Authority |
SWMGOC Division (limited to staff employed with the approval of the Minister administering the Sydney 2009 World Masters Games Organising Committee Act 2005) | Chief Executive Officer of SWMGOC |
TELCO Special Purpose Division (limited to staff employed for any special purpose approved by the Minister administering the Government Telecommunications Act 1991) | Managing Director of the New South Wales Government Telecommunications Authority |
Tourism New South Wales Division (limited to staff employed with the approval of the Minister administering the Tourism New South Wales Act 1984) | General Manager of Tourism New South Wales |
Vocational Education and Training Accreditation Board Division (limited to staff who are not subject to Chapter 2 of this Act) | Director-General of Department of Education and Training |
WorkCover Authority Casual Staff Division (limited to casual staff employed otherwise than under Chapter 2 of this Act with the approval of the Minister administering the Workplace Injury Management and Workers Compensation Act 1998) | Chief Executive Officer of the WorkCover Authority |
Insert “Part 1 of” before “Schedule 1” in Part 1 (Chief executive positions (Department Heads)).
Omit “Chief Executive Officer of the Ambulance Service Board”.
Insert “
Omit the note to clause 8 (1).
Insert after clause 8 (1):
Such an election cannot be made by a public sector employee if the employee is only moving between different Departments of the Public Service.
However, such an election may, without limiting subclause (1), be made by:
(a) an employee in a Division of the Government Service referred to in Part 2 or 3 of Schedule 1 who is moving to another Division (including a Department) or to any other public sector service, or
(b) an employee in a Department who is moving to a Division of the Government Service referred to in Part 2 or 3 of Schedule 1.
Subclause (1B) has effect despite anything to the contrary in the Annual Holidays Act 1944 or the Long Service Leave Act 1955.
Insert at the end of clause 1 (1):
Public Sector Employment Legislation Amendment Act 2006
Insert after Part 3:
In this Part:
A person who, immediately before the commencement of Chapter 1A (as inserted by the amending Act), was employed as a member of staff (however described) of a statutory corporation under an Act amended by Schedule 4 to the amending Act:
(a) ceases, on that commencement, to be employed by the statutory corporation, and
(b) is taken, on that commencement, to be a member of staff of the Division of the Government Service that comprises the group of staff who are employed under that Chapter to enable the statutory corporation to exercise its functions.
Subclause (1) only applies to staff who were employed by a statutory corporation and does not apply to existing departmental staff in the Public Service who, immediately before the relevant commencement, comprised a group of staff attached to a statutory corporation. Clause 25 of this Part deals with existing departmental staff.
Any such person who, under subclause (1), becomes a member of staff of a Division of the Government Service is, until such time as provision is otherwise made under this Act or any other law, to continue to be employed in accordance with the terms and conditions (including the terms of any State industrial instrument or of any determination made under any other Act) that applied to the person as a member of staff of the statutory corporation concerned.
If an award under the Workplace Relations Act 1996 of the Commonwealth (
If a certified agreement under the Workplace Relations Act 1996 of the Commonwealth (
The terms of any such instrument created as provided by subclause (3) or (4) have effect despite anything to the contrary in the Annual Holidays Act 1944, the Long Service Leave Act 1955, the Industrial Relations Act 1996 or any other law of the State.
A person who, under subclause (1), becomes a member of staff of a Division of the Government Service is, for the purposes of clause 21, taken to have been transferred to that Division from the statutory corporation concerned.
This clause does not apply in relation to a person holding office:
(a) as Chief Executive of the Greyhound and Harness Racing Regulatory Authority, or
(b) as the Director of the Zoological Parks Board,
immediately before the commencement of Chapter 1A.
This clause extends to persons who were, immediately before the commencement of Chapter 1A, employed as members of staff of Western Sydney Buses.
This clause is subject to the provisions of this Act and the regulations.
On the commencement of Chapter 1A, each person who was, immediately before that commencement, a member of the TAFE administrative staff is transferred to the Department of Education and Training.
In this clause:
(a) teaching or educational staff,
(b) institute managers.
A person who is transferred under clause 19 or 20:
(a) retains any rights to annual leave, extended or long service leave, sick leave, and other forms of leave, accrued or accruing in his or her employment with the statutory corporation from which the person is transferred, and
(b) is not entitled to receive any payment or other benefit merely because the person ceases to be a member of staff of the statutory corporation from which the person is transferred, and
(c) is not entitled to claim, both under this Act or any other Act, dual benefits of the same kind for the same period of service.
Without limiting subclause (1), a person who is transferred under clause 19 or 20 is not, despite any other provision of this Act, entitled to elect, because of that transfer, to be paid the money value of any extended or annual leave that the person accrued as a member of staff of the statutory corporation from which the person is transferred.
The Public Employment Office is abolished.
A reference, in any other Act, or in any instrument made under any Act or in any other instrument of any kind, to the Public Employment Office is to be read as a reference to the Director of Public Employment.
Part 6.4 (as in force immediately before its repeal by the amending Act) continues to apply to and in respect of:
(a) the State Rail Authority (as referred to in Schedule 8 to the Transport Administration Act 1988) until such time as that Authority ceases to employ any staff under that Schedule, and
(b) FSS Trustee Corporation until the registration day as referred to in clause 1 of Schedule 2A to the Superannuation Administration Act 1996.
The provisions of any other Act that would have applied to a statutory corporation if Part 6.4 was in force continue to apply to the corporation for so long as Part 6.4 continues to apply to the corporation as provided by subclause (1).
Until such time as provision is otherwise made under section 106 in relation to the Division concerned, a Division of the Government Service in which staff are employed under Chapter 1A to enable a statutory corporation to exercise its functions is responsible to the Minister who is responsible for administering the Act under which the corporation is constituted.
The substitution of Schedule 1 by the amending Act does not affect:
(a) a person’s appointment to a position in the Public Service held by the person immediately before that substitution, or
(b) the terms and conditions on which the person was employed in a Department immediately before that substitution.
A reference in any other Act or instrument to a Department (as listed in Schedule 1 immediately before the substitution of that Schedule by the amending Act) is, if the name of the Department is modified by the amending Act, taken to be a reference to the Department as so modified.
A policy of insurance issued to a statutory corporation under the Workers Compensation Act 1987 and in force immediately before the commencement of Chapter 1A is also taken to have been issued to the Government of New South Wales (but only as a policy that is limited to workers employed in a Division of the Government Service to enable the statutory corporation to exercise its functions).
A licence under Division 5 of Part 7 of the Workers Compensation Act 1987 granted to a statutory corporation and in force immediately before the commencement of Chapter 1A is also taken to have been issued to the Government of New South Wales (but only as a self-insurer’s licence that is limited to workers employed in a Division of the Government Service to enable the statutory corporation to exercise its functions).
(Section 4)
Omit section 4 (g). Insert instead:
to require visiting practitioners and staff in the public health system to disclose any charge or conviction for a serious sex or violence offence or of a misconduct finding (such as findings of professional misconduct or unsatisfactory professional conduct), and
Omit “staff members of public health organisations”.
Insert instead “staff in the public health system”.
Omit the introduction to each Chapter.
Omit section 6 (d). Insert instead:
the Director-General in respect of the provision of ambulance services under Chapter 5A and the provision of health support services under Part 1A of Chapter 10.
Omit the section (including the note at the end of the section).
Insert at the end of the section:
However, an area health service cannot employ any staff.
Staff may be employed under Part 1 of Chapter 9 in the NSW Health Service to enable an area health service to exercise its functions.
Omit section 23 (2). Insert instead:
The employment of the chief executive is subject to Part 3 of Chapter 9.
Under Part 3 of Chapter 9, the chief executive is a member of the Health Executive Service.
Omit the subsection (and the note to the subsection).
Omit the section.
Omit section 39 (1) (d).
Omit “of its officers or employees” from section 40 (1).
Insert instead “member of the NSW Health Service”.
Omit the subsection.
Insert at the end of the section:
However, a statutory health corporation cannot employ any staff.
Staff may be employed under Part 1 of Chapter 9 in the NSW Health Service to enable a statutory health corporation to exercise its functions.
Omit section 49 (2). Insert instead:
One of the persons appointed by the Minister is to be a member of the NSW Health Service who is employed in connection with the board governed health corporation concerned.
Omit section 51 (2)–(5). Insert instead:
If the position of chief executive is an executive position within the meaning of Part 3 of Chapter 9, the employment of the chief executive is subject to that Part.
If the position of chief executive is not an executive position within the meaning of Part 3 of Chapter 9, the chief executive is, while holding that office, to be employed under Part 1 of Chapter 9 in the NSW Health Service.
Omit section 52 (7).
Omit section 52A (2)–(4). Insert instead:
If the position of chief executive is an executive position within the meaning of Part 3 of Chapter 9, the employment of the chief executive is subject to that Part.
If the position of chief executive is not an executive position within the meaning of Part 3 of Chapter 9, the chief executive:
(a) is, while holding that office, taken to be employed under Part 1 of Chapter 9 in the NSW Health Service, and
(b) may at any time, for any reason or no reason and without notice, be removed from office by the Director-General.
Omit the section.
Omit section 60 (1) (d).
Omit “of its officers or employees” from section 61 (1).
Insert instead “member of the NSW Health Service”.
Omit the subsection. Insert instead:
For the purposes of this section, the functions of a board governed health corporation include the functions of its health corporation board.
Insert after section 62:
The affiliated health organisations specified in the regulations under this section are
Any such regulation may apply only to such of the recognised establishments or recognised services (or parts of them) of an affiliated health organisation as are specified in the regulation. In any such case, the organisation concerned is a declared affiliated health organisation for the purposes of this Act only to the extent of its recognised establishments or services (or parts of them) that are so specified.
A declared affiliated health organisation must not employ any staff in respect of its recognised establishments and recognised services.
Staff may be employed under Part 1 of Chapter 9 in the NSW Health Service to enable a declared affiliated health organisation to exercise its functions in respect of its recognised establishments and recognised services.
However, nothing in this section prevents a declared affiliated health organisation from entering into arrangements for the management, on its behalf, of its recognised establishments or recognised services.
A regulation cannot be made under this section in relation to an affiliated health organisation except with the concurrence of the affiliated health organisation.
Insert after section 63 (1):
Subsection (1) (e) does not apply in relation to a declared affiliated health organisation.
Insert after section 63:
In this section,
The provisions of Part 2 of Chapter 9 apply, with such modifications as are necessary, to and in respect of a non-declared organisation and its employees in the same way as those provisions apply to and in respect of a declared affiliated health organisation and the members of the NSW Health Service who are employed under Part 1 of Chapter 9 in connection with the declared affiliated health organisation.
Insert after section 64:
This section does not apply to or in respect of a declared affiliated health organisation.
The regulations may make provision for or with respect to the movement of staff between affiliated health organisations and the NSW Health Service.
Without limiting subsection (2), any such regulations may provide for:
(a) the retention by any such staff of their accrued leave entitlements, and
(b) the apportioning of the liability for the cost of accrued leave entitlements of staff who move between affiliated health organisations and the NSW Health Service.
The Minister may give directions to an affiliated health organisation for the purpose of making due allowance and appropriate adjustments for liabilities incurred by reason of the operation of any regulation made under this section (or liabilities with respect to accrued leave entitlements generally). Any such direction has effect despite any determination made in respect of the affiliated health organisation under section 127.
Insert after Chapter 5:
The Ambulance Service of NSW comprises those staff of the NSW Health Service who are employed primarily in connection with the provision of ambulance services under this Chapter.
The Director-General may appoint a chief executive of the Ambulance Service of NSW.
The employment of the chief executive is subject to Part 3 of Chapter 9.
The Director-General has, on behalf of the Crown, the following functions:
(a) to provide, conduct, operate and maintain ambulance services,
(b) to co-operate with or provide assistance to any person or organisation for the purposes of providing, conducting, operating and maintaining ambulance services,
(c) in connection with ambulance services referred to in paragraph (a), to protect persons from injury or death, whether or not those persons are sick or injured,
(d) to adopt and implement all necessary measures (including systems of planning, management and quality control) as will best ensure the efficient and economic operation and use of resources in the provision of ambulance services,
(e) to consult and co-operate with individuals and organisations (including voluntary agencies, private agencies and public or local authorities) concerned with the provision of ambulance services,
(f) to co-ordinate and plan the future development of ambulance services, and towards that end, to support, encourage and facilitate the organisation of community involvement in the planning of those services,
(g) to set objectives and determine priorities in relation to the provision of ambulance services and to monitor whether those objectives are achieved,
(h) to achieve and maintain adequate standards of ambulance services,
(i) to make available to the public reports, information and advice concerning the operation of ambulance services,
(j) to provide assistance to, or co-operate with, any person or organisation in connection with the depiction of ambulance services in the news or entertainment media,
(k) to exercise such other functions in relation to ambulance services as may be conferred or imposed on the Director-General by the regulations.
The exercise of functions under this section in emergencies and rescue operations is subject to the State Emergency and Rescue Management Act 1989.
There is established by this Act an Ambulance Services Advisory Council.
The members of the Advisory Council are as follows:
(a) the chief executive of the Ambulance Service of NSW,
(b) not fewer than 8 and not more than 12 persons appointed by the Minister.
At least 3 of the appointed members are to be members of the Ambulance Service of NSW.
The other appointed members must each have such qualifications as the Minister considers necessary to enable the members to carry out their functions.
The function of the Advisory Council is to provide advice to the Director-General in relation to the exercise of the Director-General’s functions under this Chapter in relation to the provision of ambulance services.
The Advisory Council has such other functions as may be conferred or imposed on it by the Director-General.
Schedule 6 has effect with respect to the members and procedure of the Advisory Council.
The Minister may, by order published in the Gazette:
(a) fix a scale of fees in respect of ambulance services provided by the Director-General, and
(b) amend or revoke any scale of fees so fixed.
The Director-General may remit or postpone payment of any amount due in respect of ambulance services provided by the Director-General.
Nothing in this section affects Part 4 of the Health Insurance Levies Act 1982.
A person must not:
(a) directly or indirectly provide or take part in the provision of transport for sick or injured persons for fee or reward, or
(b) conduct for fee or reward any operations similar to the operations carried on by the Director-General under this Chapter,
without the consent of the Director-General and except in accordance with such conditions (if any) as the Director-General may from time to time impose.
Maximum penalty: 50 penalty units.
The Director-General may revoke any consent given, or revoke or vary any condition imposed, under this section.
This section does not apply to:
(a) the St John Ambulance Australia (NSW) in respect of operations similar to the operations lawfully carried on by that body immediately before the day on which this section commences, or
(b) the Royal Flying Doctor Service of Australia (NSW Section), or
(c) the mines rescue company, within the meaning of the Coal Industry Act 2001, (or a member, director or employee of that company) in the exercise of mines rescue functions under Division 3 of Part 3, or Part 4, of that Act, or
(d) a member of the New South Wales Mines Rescue Brigade established under the Coal Industry Act 2001, or
(e) any person (or class of persons) prescribed by the regulations.
A person must not organise, conduct or take part in the collection or soliciting of money or property from the public for, towards or in return for the provision of ambulance services without the consent of the Director-General and except in accordance with such conditions (if any) as the Director-General may from time to time impose.
Maximum penalty: 50 penalty units.
The Director-General may revoke any consent given, or revoke or vary any condition imposed, under this section.
This section does not apply to:
(a) any person engaged in the conduct or operation of the State Ambulance Insurance Plan established under the Health Insurance Levies Act 1982, or
(b) an insurer under a policy of insurance to the extent that the money or the property represents consideration for an indemnity provided in that policy against the cost of the transport of a sick or injured person, being an indemnity incidental to the risks insured under that policy, or
(c) any person (or class of persons) prescribed by the regulations.
A person who requests the provision of an ambulance service knowing that no ambulance service is in the circumstances required or likely to be required by any person is guilty of an offence.
Maximum penalty: 50 penalty units.
The Director-General may appoint such persons as the Director-General thinks fit to be honorary ambulance officers.
Honorary ambulance officers are not members of the NSW Health Service employed under Part 1 of Chapter 9.
Honorary ambulance officers:
(a) may carry out, without remuneration, such of the functions of the Director-General under this Act as the Director-General may from time to time direct, and
(b) are subject to the control and supervision of the Director-General.
A member of staff of the Ambulance Service of NSW or an honorary ambulance officer is not liable for any injury or damage caused by the member of staff or officer in the carrying out, in good faith, of any of the member’s or officer’s duties relating to:
(a) the provision of ambulance services, or
(b) the protection of persons from injury or death, whether or not those persons are or were sick or injured.
Omit the Part. Insert instead:
The NSW Health Service consists of those persons who are employed under this Part by the Government of New South Wales in the service of the Crown.
This Part does not affect any other means (statutory or otherwise) by which persons may be employed in the service of the Crown.
Other ways in which persons are employed in the service of the Crown include employment in the Government Service (see Chapter 1A of the Public Sector Employment and Management Act 2002), employment in the Teaching Service or employment in NSW Police.
The Government of New South Wales may employ staff under this Part:
(a) to enable area health services and statutory health corporations, and the public hospitals that they control, to exercise their functions, and
(b) to enable declared affiliated health organisations to exercise their functions in relation to their recognised establishments and recognised services, and
(c) to enable the Director-General to exercise his or her functions under Chapter 5A in relation to ambulance services, and
(d) to enable the Director-General to exercise his or her functions under Part 1A of Chapter 10 in relation to the provision of health support services to public health organisations and the public hospitals that they control, and
(e) to enable the Health Administration Corporation to exercise its functions under this or any other Act.
The employment of staff in the NSW Health Service, including the exercise of employer functions in relation to that staff, is subject to the requirements of this or any other Act relating to that staff.
The Director-General may, subject to subsection (2), exercise on behalf of the Government of New South Wales, the employer functions of the Government in relation to the staff employed in the NSW Health Service.
The Director-General’s functions under this or any other Act may, under section 21 of the Health Administration Act 1982, be delegated to any person.
The Director-General may create divisions (however described) of staff in the NSW Health Service.
This section does not limit the purposes for which, or the manner in which, staff may be employed in the NSW Health Service.
The Director-General may fix the salary, wages and conditions of employment of staff employed under this Part in so far as they are not fixed by or under any other law.
The Director-General may give directions to a public health organisation requiring the payment by the organisation, on behalf of the Government of New South Wales, of the salary, wages and other employment-related costs (such as superannuation, workers compensation, public liability insurance and vicarious tortious liability) of those members of the NSW Health Service who are employed under this Part to enable the public health organisation to exercise its functions.
The Director-General may enter into an agreement with any association or organisation representing a group or class of members of the NSW Health Service with respect to the conditions of employment (including salaries, wages or remuneration) of that group or class. Any such agreement may (subject to Part 2) extend to conditions in respect of the employment of persons convicted of, or charged with, serious sex or violence offences.
An agreement under subsection (3) binds all members of staff in the group or class affected by the agreement, and no such member, whether a member of the association or organisation with which the agreement was entered into or not, has any right of appeal against the terms of the agreement.
This section does not apply in relation to any conditions of employment determined under Part 3 of this Chapter of any member of staff of the NSW Health Service whose employment is subject to that Part.
A person cannot be employed under this Part to enable a declared affiliated health organisation to exercise its functions in connection with its recognised establishments and recognised services unless the affiliated health organisation is satisfied that the person is suitable to carry out duties in connection with the organisation having regard to the health care philosophy of the organisation.
Section 56 of the Anti-Discrimination Act 1977 applies in relation to the employment under this Part of staff in connection with a declared affiliated health organisation.
The Director-General may, on the ground of redundancy, direct the transfer of a member of the NSW Health Service (
(a) the Director-General is satisfied that:
(i) the number of persons who are employed in or in connection with the public health organisation concerned exceeds the number that appears to be necessary for the effective, efficient and economical management of the functions and activities of the organisation, either generally or at a particular location, or
(ii) the mix of skills or other expertise of the persons who are employed in or in connection with the public health organisation concerned appears to be unsuitable for the effective, efficient and economical management of the functions and activities of the organisation, either generally or at a particular location, and
(b) the Director-General is satisfied that the staff member possesses the essential qualifications specified for the other position and the work assigned to the other position is appropriate to the skills and qualifications of the staff member, and
(c) if the staff member is to be transferred to a position in connection with a declared affiliated health organisation—the affiliated health organisation has been consulted by the Director-General as to the suitability of the staff member to carry out duties in connection with the organisation having regard to the health care philosophy of the organisation.
If a staff member refuses a transfer from one position to another under this section, the Director-General may, if satisfied that the staff member has no valid reason for so refusing, dismiss the member from the NSW Health Service.
No compensation is payable in respect of the dismissal.
Nothing in this section affects the operation of Part 6 (Unfair dismissals) of Chapter 2 of the Industrial Relations Act 1996 or any other statutory right that a member of staff may have in relation to his or her dismissal from the NSW Health Service under this section.
Nothing in this section prevents the transfer, under any other law, of members of staff of the NSW Health Service.
For the purposes of facilitating the exercising of functions within the public health system, the Director-General may arrange for the use of the services of any staff (including by way of secondment to the NSW Health Service) or facilities of any Division of the Government Service or of a public or local authority.
For the purposes of the Occupational Health and Safety Act 2000, a declared affiliated health organisation has the functions and liabilities of an employer in respect of the staff who are employed in the NSW Health Service to enable the organisation to exercise its functions in relation to its recognised establishments and recognised services.
A reference in the Anti-Discrimination Act 1977 to an employer in relation to employment in the NSW Health Service in connection with a declared affiliated health organisation and its recognised establishments and recognised services is taken to be a reference to the declared affiliated health organisation.
If any staff are employed under this Part in the NSW Health Service to enable a public health organisation to exercise its functions, the staff are (however described) taken, for the purposes of the Privacy and Personal Information Protection Act 1998 and the Health Records and Information Privacy Act 2002, to be part of the public health organisation.
A reference in this section to a public health organisation does not include a reference to an affiliated health organisation unless it is a declared affiliated health organisation.
Part 5 of the Workers Compensation Act 1987 applies to work injury damages recoverable from the Government of New South Wales, and to work injury damages recoverable from a public health organisation, by or in respect of a person employed in the NSW Health Service to enable the public health organisation to exercise its functions. That Part so applies as if the public health organisation:
(a) were an employer of the person in addition to the Government, and
(b) were an employer liable to pay compensation under that Act.
Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Authority to exercise its functions.
Omit the section.
State Sports Centre Trust Act 1984 No 68Omit the definition of
Insert after section 7 (1):
The Trust cannot employ any staff.
Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Trust to exercise its functions.
Omit the section.
Omit section 10 (1).
Omit “a person designated as Director”. Insert instead “the Director”.
Omit “
Omit the subclauses.
Omit “designated” wherever occurring. Insert instead “appointed”.
Superannuation Administration Act 1996 No 39Insert after section 50 (2):
However, STC cannot employ any staff.
Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable STC to exercise its functions.
Omit the section.
Surveying Act 2002 No 83Omit the definition of
Insert instead:
Insert after section 28 (2):
The Board cannot employ any staff.
Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Board to exercise its functions.
Omit the section.
Sydney 2009 World Masters Games Organising Committee Act 2005 No 65Insert at the end of the section:
However, SWMGOC cannot employ any staff.
Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable SWMGOC to exercise its functions.
Omit the section.
Omit the section. Insert instead:
The group of staff employed who, immediately before 30 June 2010, were employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in a Department of the Public Service to enable SWMGOC to exercise its functions are removed from that Department and added to the Department of the Arts, Sport and Recreation.
The removal of any such group of staff from the Department concerned and its addition to the Department of the Arts, Sport and Recreation is taken to have been done under section 104 of the Public Sector Employment and Management Act 2002 and nothing in this section affects the power conferred by that Act to remove the group of staff concerned from a department and add it to another department.
Omit Schedule 3.2. Insert instead:
Omit the matter relating to the Office of the Sydney 2009 World Masters Games Organising Committee and the SWMGOC Division from Parts 1 and 3, respectively.
Omit the definition of
Insert after section 5 (2):
The Trust cannot employ any staff.
Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Trust to exercise its functions.
Omit the section.
Sydney Harbour Foreshore Authority Act 1998 No 170Insert after section 12 (2):
The Authority cannot employ any staff.
Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Authority to exercise its functions.
Omit the section.
Omit section 32 (1). Insert instead:
The Authority may appoint a person employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to be a ranger for the purposes of this Act.
Omit “officers or employees of a body corporate providing services to the Authority under section 31 (4)”.
Insert instead “engaged by the Authority to provide services to the Authority”.
Sydney Olympic Park Authority Act 2001 No 57Insert at the end of the section:
The Authority cannot employ any staff.
Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Authority to exercise its functions.
Omit the section.
Omit section 65 (1). Insert instead:
The Authority may appoint a person employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to be a ranger for the purposes of this Act.
Omit “officers or employees of a corporation that provides services to the Authority under section 64 (4)”.
Insert instead “engaged by the Authority to provide services to the Authority”.
Sydney Opera House Trust Act 1961 No 9Insert after section 4 (6):
The Trust cannot employ any staff.
Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Trust to exercise its functions.
Omit the section.
Sydney Water Catchment Management Act 1998 No 171Omit the section.
Insert after section 15 (2):
The Authority cannot employ any staff.
Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Authority to exercise its functions.
Omit section 7 (1) (c). Insert instead:
one is to be a person employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service and whose principal duty is the management of the Authority’s activities.
Omit the section.
Insert after section 13 (2):
The Authority cannot employ any staff.
Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Authority to exercise its functions.
Insert after section 5 (2):
However, the TAFE Commission cannot employ any staff.
Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the TAFE Commission to exercise its functions.
Omit section 8 (3) (b).
Omit “
Omit the section. Insert instead:
This Part applies to the group of staff employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in a Division of the Government Service (other than a Department within the meaning of that Act) to enable the TAFE Commission to exercise its functions.
Omit the section.
Omit the section. Insert instead:
The regulations may make provision for or with respect to the staff to which this Part applies, including the conditions of employment and the discipline of any such staff.
Any such regulations relating to the conditions of employment or the discipline of the staff to which this Part applies:
(a) have effect subject to any State industrial instrument relating to that staff, and
(b) have effect despite any determination under section 4E (1) of the Public Sector Employment and Management Act 2002, and
(c) are subject to Part 3.1 of the Public Sector Employment and Management Act 2002.
Omit section 18 (1). Insert instead:
The appointment of any staff to which this Part applies and any promotions for such staff are to be made on the basis of the merit of the applicants for appointment or promotion.
Omit the section.
Omit “on the staff of the TAFE Commission” wherever occurring in section 19 (1) and (3).
Insert instead “in the group of staff to which this Part applies”.
Omit the section. Insert instead:
If:
(a) a member of staff to which this Part applies is found to be unfit to discharge or incapable of discharging the member’s duties, and
(b) the member’s unfitness or incapacity appears to be of a permanent nature and has not arisen from actual misconduct on the part of the member (or from causes within the member’s control),
the appropriate Division Head (within the meaning of the Public Sector Employment and Management Act 2002) may cause the member to be retired.
Omit the section.
Omit section 22 (1). Insert instead:
This section applies to all staff to which this Part applies who are employed on a full-time basis.
Omit “Members of staff of the TAFE Commission”.
Insert instead “The staff”.
Tourism New South Wales Act 1984 No 46Omit the section.
Insert after section 8 (6):
However, Tourism New South Wales cannot employ any staff.
Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable Tourism New South Wales to exercise its functions.
Insert after section 8 (3):
The TTA cannot employ any staff.
Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the TTA to exercise its functions.
Omit the section.
Transport Administration Act 1988 No 109Insert after section 20 (2):
The State Transit Authority cannot employ any staff.
Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the STA to exercise its functions.
Insert after section 42B (2):
The ITSRR cannot employ any staff.
Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the ITSRR to exercise its functions.
Insert after section 46 (2):
The Roads and Traffic Authority cannot employ any staff.
Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the RTA to exercise its functions.
Omit the Part. Insert instead:
This Division applies to and in respect of such staff as are employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in a Division of the Government Service (other than a Department within the meaning of that Act) to enable an Authority or the ITSRR to exercise its functions.
The regulations may make provision for or with respect to the staff to which this Division applies, including the conditions of employment and the discipline of any such staff.
Any such regulations relating to the conditions of employment or the discipline of the staff to which this Division applies:
(a) have effect subject to any State industrial instrument relating to that staff, and
(b) have effect despite any determination under section 4E (1) of the Public Sector Employment and Management Act 2002, and
(c) are subject to Part 3.1 of the Public Sector Employment and Management Act 2002, and
(d) in the case of staff employed in a Division of the Government Service to enable the State Transit Authority to exercise its functions—may provide for appeals by members of staff in connection with their employment, including appeals to a Transport Appeal Board constituted under the Transport Appeal Boards Act 1980.
Schedule 5 has effect.
The Chief Investigator may appoint such staff as the Chief Investigator requires to exercise the Chief Investigator’s functions.
Those members of staff are taken to be employed by the Government of New South Wales in the service of the Crown, except as provided by subsection (3).
The Chief Investigator is, for the purposes of any proceedings relating to those members of staff held before a competent tribunal having jurisdiction to deal with industrial matters, taken to be the employer of the staff.
The Chief Investigator may enter into an agreement with any association or organisation representing a group or class of those members of staff with respect to industrial matters.
Any such agreement binds all persons in the class or group affected by the agreement, and no such person (whether a member of the association or organisation with which the agreement was entered into or not) has any right of appeal against the terms of the agreement.
An agreement under this section is not an enterprise agreement within the meaning of the Industrial Relations Act 1996. However, the Chief Investigator may enter into such an enterprise agreement as the employer of the members of staff concerned.
The Chief Investigator may fix the salary, wages and conditions of employment of any staff appointed under section 59 (1) in so far as they are not fixed by or under any other Act or law.
The regulations may make provision for or with respect to the employment of staff appointed under section 59 (1), including the conditions of employment and the discipline of any such staff.
Any such regulations relating to the conditions of employment or the discipline of staff:
(a) have effect subject to any relevant award made by a competent industrial tribunal and to any industrial agreement to which the Chief Investigator is a party, and
(b) have effect despite any determination of the Chief Investigator under section 60, and
(c) have effect subject to Part 3.1 of the Public Sector Employment and Management Act 2002.
Omit “
Insert instead “
Omit “(Section 68)”. Insert instead “(Section 58)”.
Omit “Sections 66–68 and Schedule 5 apply” from clause 11 (3).
Insert instead “Schedule 5 applies”.
Treasury Corporation Act 1983 No 75Insert after section 4 (9):
The Corporation cannot employ any staff.
Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Corporation to exercise its functions.
Omit the section.
Omit the Schedule.
Vocational Education and Training Accreditation Act 1990 No 120Omit the definition of
Insert after section 6 (2):
The Board cannot, however, employ any staff.
Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Board to exercise its functions.
Omit the section.
Vocational Education and Training Act 2005 No 100Omit the definition of
Insert after section 6 (2):
The Board cannot, however, employ any staff.
Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Board to exercise its functions.
Omit the section.
Water Management Act 2000 No 92Insert after section 285 (2):
A corporation listed in Part 1 of Schedule 3 cannot employ any staff.
Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable such a corporation to exercise its functions.
Omit the section.
Wild Dog Destruction Act 1921 No 17Insert after section 3A (2):
The board cannot employ any staff.
Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the board to exercise its functions.
Omit the section.
Wollongong Sportsground Act 1986 No 174Insert after section 4 (2):
The Trust cannot employ any staff.
Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Trust to exercise its functions.
Omit the section.
Workplace Injury Management and Workers Compensation Act 1998 No 86Omit the section.
Insert after section 22 (3):
The Authority cannot employ any staff.
Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Authority to exercise its functions.
Insert after section 5 (2):
However, the Board cannot employ any staff.
Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Board to exercise its functions.
Omit the section. Insert instead:
The Minister may, in consultation with the Board, appoint a Director of the Zoological Parks Board.
The employment of the Director is subject to Part 3.1 of the Public Sector Employment and Management Act 2002, but is not subject to Chapter 1A of that Act.
Omit the section.
Omit the section.
Omit the Schedule.
(Section 7)
Ambulance Services Regulation 2005Omit the Parts.
Omit the Schedule.
Anti-Discrimination Act 1977 No 48Omit “(a), (b) or (c)” from the definition of
Omit section 122B (1) (b). Insert instead:
each Division of the Government Service to which section 4H of the Public Sector Employment and Management Act 2002 applies, and
Omit section 122D (b). Insert instead:
in the case of an authority referred to in section 122B (1) (b)—by the Division Head within the meaning of the Public Sector Employment and Management Act 2002, or
Insert after paragraph (a) of the definition of
a person who is employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in a Division of the Government Service other than a Department within the meaning of that Act,
a person who is employed under Part 1 of Chapter 9 of the Health Services Act 1997 in the NSW Health Service to enable a public health organisation to exercise its functions,
Insert “(a1), (a2),” after “(a),” in paragraph (e).
Omit “Public Employment Office” wherever occurring from paragraph (a).
Insert instead “Director of Public Employment (within the meaning of the Public Sector Employment and Management Act 2002)”.
Insert after paragraph (a):
in relation to an employee of the class referred to in paragraph (a1) of that definition—the appropriate Division Head within the meaning of the Public Sector Employment and Management Act 2002,
in relation to an employee of the class referred to in paragraph (a2) of that definition—the Director-General of the Department of Health,
Omit paragraph (c1).
Omit the definition.
Insert after section 19 (1) (a):
in the case of an employer who is a Division Head (within the meaning of the Public Sector Employment and Management Act 2002) of a Division of the Government Service other than a Department, if the person appointed or whose appointment is recommended is an employee in that Division, or
in the case of an employer who is the Director-General of the Department of Health, if the person appointed or whose appointment is recommended is a member of the NSW Health Service employed in or in connection with a public health organisation or other division of that Service, or
Insert after section 19 (1):
In the case of an employer referred to in subsection (1) (a2), the employees of the employer are, for the purpose of distributing the notice under subsection (1), those members of the NSW Health Service who are employed in or in connection with the public health organisation or other division of that Service in which the vacant office forms part.
Insert after section 20 (a):
an employee, being a person employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in a Division of the Government Service other than a Department, may appeal to the Tribunal against a decision of the employee’s employer (being the appropriate Division Head within the meaning of that Act) to appoint or recommend the appointment of another employee in that Division to fill a vacant office in that Division, and
an employee, being a member of the NSW Health Service employed in or in connection with a public health organisation or other division of that Service, may appeal to the Tribunal against a decision of the employee’s employer (being the Director-General of the Department of Health) to appoint or recommend the appointment of another employee employed in or in connection with that organisation or division to fill a vacant office in or in connection with that public health organisation or division, and
Omit “not being an officer within the meaning of section 3 (1) of the Public Sector Management Act 1988”.
Insert instead “not being an officer referred to in paragraph (a), (a1) or (a2)”.
Omit “paragraph (c), (d) or (e)” from section 21 (1) (j) (iii).
Insert instead “paragraph (a1), (a2), (c), (d) or (e)”.
Omit “Public Service” from section 22 (a).
Insert instead “Government Service or the NSW Health Service”.
Omit section 22 (b). Insert instead:
if the vacant position is one in the Government Service—only employees employed in the same Division (within the meaning of the Public Sector Employment and Management Act 2002) of which the vacant office forms part, or
if the vacant position is one in the NSW Health Service—only employees employed in or in connection with the same public health organisation or other division of that Service of which the vacant office forms part,
Insert after section 57 (1) (b):
in the case of an employer who is the Director-General of the Department of Health and the notice is given by (or relates to) a member of the NSW Health Service who is employed in connection with a public health organisation—by delivering it to the chief executive officer of the public health organisation or by sending by pre-paid post to the chief executive officer at the principal office of the organisation,
in the case of an employer who is the Director-General of the Department of Health and the notice is given by (or relates to) a member of the NSW Health Service who is employed in the Ambulance Service of NSW (within the meaning of the Health Services Act 1997)—by delivering it to the chief executive officer of the Ambulance Service of NSW or by sending by pre-paid post to the chief executive officer at the principal office of the Ambulance Service of NSW,
Insert at the end of clause 1A (1):
Public Sector Employment Legislation Amendment Act 2006, to the extent that it amends this Act
Omit paragraph (c) of the definition of
Insert instead:
a person employed in the Government Service, the Teaching Service, the NSW Health Service or NSW Police,
Insert in alphabetical order in section 3 (1):
(a) a member of staff appointed by the Commissioner under section 104, or
(b) a person whose services are made use of under section 104A or who performs services for the Commission under that section.
Omit the definition. Insert instead:
(a) the Commissioner, or
(b) an Assistant Commissioner, or
(c) a member of staff of the Commission, or
(d) a person engaged by the Commission under section 104B to provide the Commission with services, information or advice.
Omit section 104. Insert instead:
The Commissioner may appoint, as members of staff of the Commission, such persons (including a Director of Operations and a Director of Administration) as may be necessary to enable the Commission to exercise its functions.
Those persons are taken to be employed by the Government of New South Wales in the service of the Crown, except as provided by subsection (9).
Each person who is appointed as a member of staff of the Commission under this section:
(a) continues, subject to the provisions of this section and the terms of the person’s appointment, to be employed as a member of staff at the discretion of the Commissioner, and
(b) is, in the persons’ capacity as such a member, subject to the control and direction of the Commissioner.
Chapter 1A of the Public Sector Employment and Management Act 2002 does not apply to the appointment or employment of a person under this section as a member of staff of the Commission.
The person appointed as the Director of Operations or as the Director of Administration is to be appointed for a term not exceeding 5 years, but is eligible for re-appointment.
The Commissioner may fix the salaries, wages, allowances and conditions of employment of the staff employed under this section in so far as they are not fixed by or under another Act or law.
The Commissioner may enter into an agreement with any association or organisation representing a group or class of staff employed under this section with respect to industrial matters. Any such agreement binds all persons in the class or group affected by the agreement, and no such person (whether a member of the association or organisation with which the agreement was entered into or not) has any right of appeal against the terms of the agreement.
An agreement under subsection (7) is not an enterprise agreement within the meaning of the Industrial Relations Act 1996. However, the Commissioner may enter into such an enterprise agreement as the employer of the members of staff concerned.
The Commissioner is, for the purposes of any proceedings relating to staff employed under this section held before a competent tribunal having jurisdiction to deal with such matters, taken to be the employer of the staff.
An appeal does not lie to the Government and Related Employees Appeal Tribunal concerning a promotional or disciplinary matter affecting any staff employed under this section.
None of the following matters, and no matter, question or dispute relating to any of the following matters, is an industrial matter for the purposes of the Industrial Relations Act 1996:
(a) the appointment of, or failure to appoint, a person to any position as a member of staff of the Commission,
(b) the removal, retirement, termination of employment or other cessation of office of a person in any such position,
(c) any disciplinary proceedings or disciplinary action taken against a person employed under this section.
Schedule 3 has effect with respect to the rights of staff employed under this section.
The Commission may:
(a) with the approval of the Minister responsible for the department or authority concerned, and
(b) on such terms and conditions as may be approved by the Minister administering this Act,
arrange for the use (by secondment or otherwise) of the services of any staff or facilities of a government department or public authority.
The Commission may:
(a) with the approval of the Minister for Police after that Minister has consulted the Commissioner of Police, and
(b) on such terms and conditions as may be approved by the Minister administering this Act,
arrange for one or more police officers to be made available (by way of secondment or otherwise) to perform services for the Commission.
The Public Sector Employment and Management Act 2002 does not apply in relation to any such members of staff of the Commission and such a member of staff is not subject to that Act.
Members of the staff of the Commission referred to in this section are under the control and direction of the Commissioner in their capacity as such members.
The Commission may terminate an arrangement under subsection (1) or (2) at any time, and no appeal or other proceedings may be brought, in respect of the termination, by or on behalf of the person concerned.
After the termination of such an arrangement respecting a former member of the staff of the Commission:
(a) disciplinary proceedings or disciplinary action may, in accordance with the procedures applicable to his or her principal employment, be taken against the former member in connection with any act or omission committed while a member of that staff, and
(b) any such act or omission shall, for the purposes of paragraph (a), be taken to have been committed by the former member in the course of or during his or her principal employment, and
(c) no court or tribunal may make an order reinstating or having the effect of reinstating the former member as a member of the staff of the Commission.
The Commission may engage any suitably qualified person to provide the Commission with services, information or advice.
Omit “(Section 104 (11))”. Insert instead “(Section 104 (12))”.
Omit the definition. Insert instead:
Omit “Commission” wherever occurring. Insert instead “Commissioner”.
Omit “by the Commission”. Insert instead “under section 104”.
Omit “member of the Police Force” wherever occurring.
Insert instead “police officer”.
Insert at the end of clause 1 (1):
Public Sector Employment Legislation Amendment Act 2006, to the extent that it amends this Act
Insert after Part 5:
In this Part:
Each person who, immediately before the relevant commencement:
(a) was employed by the Commission under section 104 is, on that commencement, taken to have been appointed, in accordance with section 104 as substituted by the amending Act, as a member of staff of the Commission and to hold the same staff position that the person held immediately before that commencement, and
(b) was a member of staff of the Commission pursuant to any arrangements under section 104 is, on that commencement, taken to be a member of staff under section 104A (as inserted by the amending Act).
Any such person who, pursuant to subclause (1) (a), is taken to be appointed and employed as a member of staff of the Commission:
(a) retains any rights to leave (including annual leave, extended leave and sick leave) accrued or accruing to the person as an employee of the Commission before the relevant commencement, and
(b) is, until such time as provision is otherwise made under this or any other Act or law, to continue to be employed in accordance with any State industrial instrument or determination that applied to the person as an employee of the Commission.
Omit the definition of
Insert in alphabetical order in section 21 (1):
Insert after section 21A:
In any Act, in any instrument made under any Act or in any other instrument of any kind:
(a) a reference to the Government Service is to be read as a reference to the Government Service within the meaning of the Public Sector Employment and Management Act 2002, and
(b) a reference to a member of the Government Service is to be read as a reference to a member of staff of any Division of the Government Service.
Omit proposed clause 50 of Schedule 3 to the National Parks and Wildlife Act 1974 from Schedule 1 [25].
Insert instead:
The persons employed, immediately before the repeal of section 58V by the amending Act, under Chapter 1A of the Public Sector Employment and Management Act 2002 in a Division of the Government Service to enable the Trust to exercise its functions are transferred to the Department and become members of staff of the Department.
Omit proposed clause 57 (1) (e) of Schedule 3 to the National Parks and Wildlife Act 1974.
Insert instead:
clause 50 operates only in relation to a person who was, immediately before the repeal of section 58V by the amending Act, employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Jenolan Caves Reserve Trust Division of the Government Service as the Jenolan ranger or as a permanent or temporary member of staff of the Wombeyan Caves, the Abercrombie Caves or the Karst Conservation Unit in that Division, and
Insert after Schedule 2.4:
Omit the matter relating to the Jenolan Caves Reserve Trust Division from Part 2 of the Schedule.
Omit section 10 (1) (b1). Insert instead:
by the Crown in connection with a public hospital or an area health service within the meaning of the Health Services Act 1997,
Omit the paragraph. Insert instead:
by the Crown in respect of the Home Care Service,
Omit the paragraph.
Insert “(b2),” after “(b1),”.
Insert “(as referred to in subsection (1) (b))” after “a public hospital”.
Omit section 10 (1A) (c1). Insert instead:
the Crown in respect of staff employed in connection with a public hospital or an area health service when the staff are engaged in work of a kind ordinarily performed in connection with the conduct of public hospitals or of the area health service concerned,
the Crown in respect of staff employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Home Care Service to exercise its functions for time when the staff are engaged in work of a kind ordinarily performed in connection with the conduct of the Home Care Service,
Omit paragraph (c) of the definition of
Insert instead:
a person employed in the Government Service, the Teaching Service, the NSW Health Service or NSW Police,
Omit “section 60 of the Act” from clause 13 (1).
Insert instead “Chapter 1A of the Public Sector Employment and Management Act 2002”.
Omit the clause.
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