Public Sector Reform (Further Amendments) Act 1999 (Vic)

Public Sector Reform (Further Amendments) Act

1999

Act No. 12/1999

TABLE OF PROVISIONS

Section Page

1.	Purposes	1
2.	Commencement	2
3.	Amendment of Schedule 1 to the Public Sector Reform
(Miscellaneous Amendments) Act 1998	2
4.	Consequential amendment of other Acts	2

__________________

SCHEDULE 1—Amendment of Schedule 1 to the Public Sector Reform

(Miscellaneous Amendments) Act 1998 3

SCHEDULE 2—Consequential amendments to other Acts 6

═══════════════

NOTES 9

i

Victoria

No. 12 of 1999

Public Sector Reform (Further

Amendments) Act 1999†

[Assented to 11 May 1999]

The Parliament of Victoria enacts as follows:

1. Purposes

The purposes of this Act are—

(a)

to amend the Public Sector Reform and

(b) to make miscellaneous consequential
amendments to other Acts.

Public Sector Reform (Further Amendments) Act 1999

Act No. 12/1999 s. 2

2. Commencement

(1) This Act, except section 3, comes into operation
on the day on which it receives the Royal Assent.

(2) Section 3 is deemed to have come into operation

on 26 May 1998.

3. Amendment of Schedule 1 to the Public Sector Reform (Miscellaneous Amendments) Act 1998

Schedule 1 to the Public Sector Reform
(Miscellaneous Amendments) Act 1998 is

amended as set out in Schedule 1 to this Act.

4. Consequential amendment of other Acts

An Act specified in the heading to an item in Schedule 2 is amended as set out in that item.

__________________
Public Sector Reform (Further Amendments) Act 1999

Sch. 1 Act No. 12/1999

SCHEDULE 1

AMENDMENT OF SCHEDULE 1 TO THE PUBLIC SECTOR
REFORM (MISCELLANEOUS AMENDMENTS) ACT 1998

1. In paragraph (a) of the provision relating to section 69(3) of the Adoption Act 1984, after ' "Director-General" ' insert "(wherever occurring)".

2.  In the heading "Agriculture and Veterinary Chemicals (Control of Use) Act 1992", for "Agriculture" substitute "Agricultural".

3. In paragraph (a) of the provision relating to section 10 of the Ambulance Services Act 1986, for "(where twice occurring)" substitute "(wherever occurring)".

4. In the provision relating to section 18 of the Associations Incorporation Act 1981, after "Attorney-General" insert "(wherever occurring)".

5.  In the heading "Country Fire Authority 1958", after "Authority" insert "Act".

6.

In the provision relating to section 464(2) of the Crimes Act 1958— (b) for "held in prison" substitute "held in a prison".

7. In the provisions relating to sections 7(7) and 10(2) of the Environment Protection Act 1970, for "(except Part 9)" substitute "(including Part 9)".

8. In the provision relating to section 49E(2) of the Environment Protection Act 1970, for "(except Part 9)" substitute "(including Part 9)".

9. In the provision relating to section 5(1)(b) of the Estate Agents Act 1980, for "Department of Conservation and Environment" substitute "Department of Conservation and Natural Resources".

10. In paragraph (a) of the provision relating to section 41(1) of the Extractive Industries Development Act 1995, for "appointed under the Public Sector Management Act 1992" substitute "appointed, subject to the Public Sector Management Act 1992".

11. In the provision relating to clause 3 of Schedule 2 to the Extractive Industries Development Act 1995, after ' "Public Sector Management Act 1992" ' insert "(where twice occurring)".

Public Sector Reform (Further Amendments) Act 1999

Act No. 12/1999 Sch. 1

12. In paragraph (b) of the provision relating to section 18B of the Health Services Act 1988, for "sub-section (1)(b)" substitute "sub-section (1)".

13. In the provision relating to section 40E(2) of the Health Services Act 1988, for "(except Part 9)" substitute "(including Part 9)".

14. In the provision relating to the Health Services Act 1988 which commences "In section 40H(1)", for "42(1)(h), (i)" substitute "42(1)".

15. In the provision relating to the Health Services Act 1988 which commences "In sections 53(4)(b)"—

(a) for "73(f)" substitute "73";
(b) for "85(h)" substitute "85";
(c) for "107(b)" substitute "107(1)(b)";
(d) for "110(g)" substitute "110".

16. In the provision relating to section 115E(7) of the Health Services Act 1988, for "(except Part 9)" substitute "(including Part 9)".

17.

In the provision relating to the Intellectually Disabled Persons' ' "authorized officer" ' substitute ' "authorized program officer" '.

18. In the provision relating to section 3 of the Liquor Control Act 1987, after ' "Schedule 5 to the Public Service Act 1974" ' insert "(where twice occurring)".

19. In the provision relating to sections 49(1)(c) and 79(1)(d)(iii) of the Magistrates' Court Act 1989 for ' "Director of Community Services" ' substitute ' "Director-General of Community Services" '.

20. In paragraph (a) of the provision relating to section 134 of the Melbourne and Metropolitan Board of Works Act 1958 omit "(where twice occurring)".

21. After paragraph (a) of the provision relating to section 134 of the Melbourne and Metropolitan Board of Works Act insert—

'(ab) for "Chief General Manager and officers of" substitute "Secretary

to and employees in";'.

22. In the provision relating to Schedule 1 to the Mental Health Act 1986, for "clauses 1(e) and 2(e)" substitute "clauses 1(e) and 2(1)(e)".

23. In paragraph (a) of the provision relating to Schedule Two A to the National Parks Act 1975, for "Property Services" substitute "Property and Services".

Public Sector Reform (Further Amendments) Act 1999

Sch. 1 Act No. 12/1999

24. In the provision relating to section 13 of the Rain-making Control Act 1967, after "officer" insert "(where twice occurring)".

25. In paragraph (a) of the provision relating to section 3(1) of the Road Safety Act 1986, for ' "accredited drink-driving program" ' substitute ' "accredited drink-driving education program" '.

26. In the provision relating to section 63(5)(d) of the State Electricity Commission Act 1958 for "Department of Natural Resources and Conservation" substitute "Department of Conservation and Natural Resources".

27.  In the heading "Tattersall Consultation Act 1958", for "Consultation" substitute "Consultations".

28. In the provision relating to section 5(2) of the Therapeutic Goods (Victoria) Act 1994, after ' "Chief General Manager" ' insert "(where twice occurring)".

29. In the provision relating to section 3A(1) and (3) of the Valuation of Land Act 1960 for "substitute" substitute "insert".

30. In the provision relating to section 99 of the Workers Compensation Act 1958, after ' "Treasurer" ' insert "(where twice occurring)".

_______________
Public Sector Reform (Further Amendments) Act 1999

Act No. 12/1999 Sch. 2

SCHEDULE 2

CONSEQUENTIAL AMENDMENTS TO OTHER ACTS

1. Adult, Community and Further Education Act 1991

1.1. In section 20(7), for "a statutory office" substitute

"statutory office".

1.2. In sections 27(g), 28(1)(g) and 29(e), for "the the Director"

substitute "the Director".

2. Cemeteries Act 1958

2.1. In section 2(4), for "sub-section (1)" substitute "sub-section

(3)".

2.2. In section 60C(2), for "Chief General Manager's" substitute

"Secretary's".

3. Children and Young Persons Act 1989

3.1. In section 7(1A), for "a executive" substitute "an

executive".

3.2. In section 48(2), for "Director-General" substitute

"Secretary".

3.3. In section 86(2)(b), for "Director-General" substitute

"Secretary".

4.  Drugs, Poisons and Controlled Substances Act 1981 4.1. In sections 56(11), 80(7)(a) and 118(3), for "Chief General

Manager's" substitute "Secretary's".

4.2. In section 69E(1), for paragraph (a) substitute—

"(a) any person employed under Part 3 of the Public

Sector Management and Employment Act 1998; or".

5.  Freedom of Information Act 1982 5.1. In paragraph (a) of the definition of "principal officer" in

section 5(1), after "Public Sector Management and

Employment Act 1998;" insert "and".

6. Health Act 1958

Public Sector Reform (Further Amendments) Act 1999

Sch. 2 Act No. 12/1999

6.1. In sections 36A, 69(2)(a), 248(1)(a), 274(4), 387(2), 406(1)(a) and 447(a), for "Chief General Manager's" substitute "Secretary's".

6.2. In section 108F(2), for "Chief General Manager" (wherever

occurring) substitute "Secretary".

7. Health Services Act 1988
7.1. In sections 115N and 115T(2), for "Chief General Manager"

substitute "Secretary".

8. Intellectually Disabled Persons' Services Act 1986

8.1. In section 10(2), for "Director-General's" substitute

"Secretary's".

9. Mental Health Act 1986

9.1. In sections 38 and 46 omit "of the Department of Justice".
10.	Rain-making Control Act 1967 10.1. In section 13, for "persons" (where twice occurring)

substitute "person".

11.  State Electricity Commission Act 1958 11.1. In section 56(4)—

(a) for "an person" substitute "a person"; (b) for "a person" substitute "an officer".

12.  State Employees Retirement Benefits Act 1979 12.1. In paragraph (e) of the definition of "employee" in section

2(1), for "Treasurer" (wherever occurring) substitute

"Minister".

13. State Superannuation Act 1988
13.1. In paragraph (a)(i) of the definition of "officer" in section

3(1), for "1992" substitute "1998".

13.2. In section 70(3)(c), for "Treasurer" substitute "Minister".

14. Statistics Act 1958

14.1. In section 3 omit "(3)".

14.2. In section 6, for "Public Service Act 1958" substitute

"Public Sector Management and Employment Act

1998".

15. Superannuation (Public Sector) Act 1992

Public Sector Reform (Further Amendments) Act 1999

Act No. 12/1999 Sch. 2

15.1. In section 4, for "1992" substitute "1998".

16. Tattersall Consultations Act 1958
16.1. In section 4(1), after "Treasurer" (where secondly

occurring) insert "or that Minister".

16.2. In section 4(4), after "Treasurer" (where secondly

occurring) insert "or that Minister".

17.

Teaching Service Act 1981 17.2. In section 64AG(2), for "Director" substitute "Secretary". 17.3. In section 70(3), for "Director's" substitute "Secretary's".

18. Transport Superannuation Act 1988
18.1. In section 25(1), for "Treasurer's" substitute "Minister's".

19. Trustee Act 1958

19.1. In section 3A(15), for "Attorney-General" substitute

"Minister".

20. Trustee Companies Act 1984

20.1. In section 30(3), for "Attorney-General" substitute

"Minister".

21.  Victims of Crime Assistance Act 1996 21.1. In section 36(2)(c), for "a a person" substitute "a person".

22.  Victorian Civil and Administrative Tribunal Act 1998 22.1. In section 153(4) omit "(including Part 9)".

═══════════════
Public Sector Reform (Further Amendments) Act 1999

Notes Act No. 12/1999

NOTES

†

Minister's second reading speech—

Legislative Assembly: 13 November 1998

Legislative Council: 13 April 1999

The long title for the Bill for this Act was "to amend the Public Sector
Reform (Miscellaneous Amendments) Act 1998, to make
miscellaneous consequential amendments to other Acts and for other
purposes."