Public Sector Management (Consequential) Amendment Act 2009 (SA)
South Australia
An
Act to amend the
This Act may be cited as the
Public Sector Management (Consequential) Amendment Act 2009 .
This Act will come into operation on a day to be fixed by proclamation.
In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.
Part 2—Amendment of Public Sector Management Act 1995
Long title—delete the long title and substitute:
An Act to impose duties of honesty and accountability on public sector office holders, employees and contractors; and for other purposes.
Section 1—delete "
Management " and substitute:
(Honesty and Accountability)
(1) Section 3(1), definition of
administrative decision andadministrative unit —delete the definitions and substitute:
administrative unit has the same meaning as in thePublic Sector Act 2009 ;(2) Section 3(1), definition of
casual position ,Chief Executive andthe Commissioner —delete the definitions(3) Section 3(1), definition of
the Disciplinary Appeals Tribunal —delete the definition(4) Section 3(1), definitions of
effective service ,employee andexecutive —delete the definitions(5) Section 3(1), definitions of
merit ,the Minister ,the Promotion and Grievance Appeals Tribunal ,the public sector ,public sector agency ,public sector employee andrecognised organisation —delete the definitions and substitute:
public sector agency has the same meaning as in thePublic Sector Act 2009 ;
public sector employee has the same meaning as in thePublic Sector Act 2009 ;(6) Section 3(1), definitions of
relevant Minister ,remuneration ,remuneration level andselection processes —delete the definitions and substitute:
relevant Minister , in relation to a person, means the Minister who has or assumes administrative responsibility in relation to the person for the purposes of this Act;(7) Section 3(1), definition of
senior official , (a) and (b)—delete paragraphs (a) and (b) and substitute:
(a) the Commissioner for Public Sector Employment; or
(8) Section 3(1), definition of
senior official , (c) and (d)—delete "Chief Executive" wherever occurring and substitute in each case:chief executive
(9) Section 3(1), definitions of
temporary position ,total remuneration package value andwhole‑of‑Government objectives —delete the definitions(10) Section 3(2)—delete subsection (2) and substitute:
(2) The Minister may, by notice published in the Gazette—
(a) declare that a person for the time being performing specified duties is a senior official; or
(b) vary or revoke a notice under this subsection.
(11) Section 3—redesignate the section as amended by this section as section 2
Heading to Part 2—delete the heading to Part 2 and substitute:
Part 2—Public sector duties
Divisions 1 and 2—delete the Divisions
Part 2 Division 3—redesignate the Division as Division 1
10—Redesignation of section 6C—Application of Division Section 6C—redesignate the section as section 3
11—Redesignation of section 6D—Duty of corporate agency members to exercise care and diligence Section 6D—redesignate the section as section 4
12—Redesignation of section 6E—Duty of corporate agency members to act honestly Section 6E—redesignate the section as section 5
13—Redesignation of section 6F—Duty of corporate agency members not to be involved in unauthorised transactions with agency or subsidiary Section 6F—redesignate the section as section 6
14—Redesignation of section 6G—Duty of corporate agency members not to have unauthorised interest in agency or subsidiary Section 6G—redesignate the section as section 7
15—Amendment and redesignation of section 6H—Duty of corporate agency members with respect to conflict of interest
(1) Section 6H—after subsection (9) insert:
(10) A corporate agency member who is an employee of the agency or an employee employed or assigned to assist the agency will not be taken to have a direct or indirect interest in a matter for the purposes of this section by reason only of the fact that the member is such an employee.
(2) Section 6H—redesignate the section as amended by this section as section 8
16—Redesignation of section 6I—Removal of corporate agency members Section 6I—redesignate the section as section 9
17—Redesignation of section 6J—Civil liability for contravention of Division Section 6J—redesignate the section as section 10
Part 2 Division 4—redesignate the Division as Division 2
19—Redesignation of section 6K—Duty of advisory body members to act honestly Section 6K—redesignate the section as section 11
20—Redesignation of section 6L—Duty of advisory body members with respect to conflict of interest Section 6L—redesignate the section as section 12
21—Redesignation of section 6M—Removal of advisory body members Section 6M—redesignate the section as section 13
22—Redesignation of section 6N—Civil liability for contravention of Division Section 6N—redesignate the section as section 14
Part 2 Division 5—redesignate the Division as Division 3
24—Redesignation of section 6O—Application of Division Section 6O—redesignate the section as section 15
25—Redesignation of section 6P—Duty of senior official to act honestly Section 6P—redesignate the section as section 16
26—Redesignation of section 6Q—Duty of senior officials with respect to conflict of interest Section 6Q—redesignate the section as section 17
27—Redesignation of section 6R—Civil liability for contravention of Division Section 6R—redesignate the section as section 18
Part 2 Division 6—Redesignate the Division as Division 4
29—Amendment and redesignation of section 6S—Application of Division
(1) Section 6S(2)—delete "6T and 6W" and substitute:
20 and 23
(2) Section 6S—redesignate the section as amended by this section as section 19
30—Redesignation of section 6T—Duty of corporate agency executives to act honestly Section 6T—redesignate the section as section 20
31—Redesignation of section 6U—Duty of corporate agency executives not to be involved in unauthorised transactions with agency or subsidiary Section 6U—redesignate the section as section 21
32—Redesignation of section 6V—Duty of corporate agency executives not to have unauthorised interest in agency or subsidiary Section 6V—redesignate the section as section 22
33—Redesignation of section 6W—Duty of corporate agency executives with respect to conflict of interest Section 6W—redesignate the section as section 23
34—Redesignation of section 6X—Civil liability for contravention of Division Section 6X—redesignate the section as section 24
(1) Part 2 Division 7 heading—before "employees" insert:
public sector
(2) Part 2 Division 7—redesignate the Division as amended by this section as Division 5
36—Amendment and redesignation of section 6Y—Application of Division
(1) Section 6Y—delete "an employee if Division 5, Division 6" and substitute:
a public sector employee if Division 3, Division 4
(2) Section 6Y—redesignate the section as amended by this section as section 25
37—Redesignation of section 6Z—Duty of employees to act honestly Section 6Z—redesignate the section as section 26
38—Redesignation of section 6ZA—Duty of employees with respect to conflict of interest Section 6ZA—redesignate the section as section 27
39—Redesignation of section 6ZB—Civil liability for contravention of Division Section 6ZB—redesignate the section as section 28
Part 2 Division 8—redesignate the Division as Division 6
41—Redesignation of section 6ZC—Duty of persons performing contract work to act honestly Section 6ZC—redesignate the section as section 29
42—Redesignation of section 6ZD—Duty of persons performing contract work with respect to conflict of interest Section 6ZD—redesignate the section as section 30
43—Redesignation of section 6ZE—Civil liability for contravention of Division Section 6ZE—redesignate the section as section 31
Part 2 Division 9—redesignate the Division as Division 7
45—Amendment and redesignation of section 6ZF—Exemptions
(1) Section 6ZF—delete "other than a provision of Division 1 or 2"
(2) Section 6ZF—redesignate the section as amended by this section as section 32
Parts 3, 4, 5, 6, 7, 8 and 9—delete the Parts and substitute:
Part 3—Miscellaneous
33—Proceedings for offences
(1) Proceedings may not be brought for an offence against this Act except with the consent of the Director of Public Prosecutions.
(2) Notwithstanding any other Act, proceedings for a summary offence against this Act may be brought within the period of 3 years after the date on which the offence is alleged to have been committed or, with the consent of the Director of Public Prosecutions, at any later time.
(3) A document purporting to be a consent of the Director of Public Prosecutions given under this section is, in the absence of proof to the contrary, proof of the consent.
34—Regulations
(1) The Governor may make such regulations as are contemplated by this Act, or as are necessary or expedient for the purposes of this Act.
(2) A regulation—
(a) may be of general or limited application and may vary in operation according to factors stated in the regulation; and
(b) may leave a matter or thing to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister, the Commissioner for Public Sector Employment or a chief executive of a public sector agency, either generally or in a particular case or class of cases; and
(c) may impose a penalty not exceeding a Division 8 fine for contravention of, or non‑compliance with, the regulation.
Schedules 1, 2, 3 and 4—delete the Schedules
0
0
0