Public Sector Restructure (Miscellaneous Acts Amendments) Act 2009 (NSW)

An Act to amend certain legislation as a consequence of recent administrative changes involving departmental amalgamations and to implement further reforms in relation to the public sector.

1Name of Act

This Act is the Public Sector Restructure (Miscellaneous Acts Amendments) Act 2009.

2Commencement(1)

This Act commences on the date of assent to this Act, except as provided by this section.

(2)

Schedule 15 commences on a day to be appointed by proclamation.

(3)

Schedule 20 is taken to have commenced on 1 July 2009.

3Explanatory notes

The matter appearing under the heading “Explanatory note” in any of the Schedules to this Act does not form part of this Act.

Schedules 1–14

(Repealed)

Schedule 15Amendment of Ombudsman Act 1974 No 68[1]Section 5 Definitions

Insert “or, in the case where more than one Minister is responsible for that Department, the Minister who, in the opinion of the Ombudsman, is most nearly connected with the conduct of that Department” after “the Minister responsible for that Department” in paragraph (a) of the definition of responsible Minister in section 5 (1).

[2]Section 25A Definitions

Omit paragraph (a) of the definition of designated government agency in section 25A (1).

Insert instead:

(a)

the Department of Education and Training (including a government school) or the Department of Health,

(a1)

a Division of the Government Service (or a part of a Division of the Government Service) prescribed by the regulations for the purposes of this definition,

Explanatory note

The proposed amendments:

• (a)

  enable the Ombudsman, in the case where more than one Minister is responsible for a particular Department, to determine which Minister is the responsible Minister for the purposes of consultation with the Ombudsman under various provisions of the above Act relating to that Department, and

• (b)

  enable parts of an agency (rather than an entire agency) to be prescribed as an agency that is subject to the child protection requirements under Part 3A of the above Act.

Schedules 16–32

(Repealed)