Public Service (Amendment) Act 1969 (NSW)

PUBLIC SERVICE (AMENDMENT) ACT.

iSeto ^outl) Males

ANNO OCTAVO DECIMO

ELIZABETHS H BEGINS

Act No. 64, 1969.

An Act relating to the appointment o f an acting member o f the Public Service Board, the per­ manent appointment o f married women to the Public Service o f New South Wales, and the delegation o f powers by the Public Service Board; for these purposes to amend the Public Service Act, 1902; and for purposes connected therewith. [Assented to, 6th November, 1969.]

Public Service {Amendment).

No. 64, 1969

O E it enacted by the Queen’s Most Excellent Majesty, by

and with the advice and consent of the Legislative

Council and Legislative Assembly of New South Wales in

Parliament assembled, and by the authority of the same, as

follows: —

Short title. 1. This Act may be cited as the “Public Service (Amend­

ment) Act, 1969”.

Amendment

2. The Public Service Act, 1902, is amended—

of Act No.

31, 1902.

Sec. 7.	(a) by inserting next after subsection six of section
ment

(Appoint­

seven the following new subsection : —

of Public

Service

Board.)

Acting

(7) In case of the illness, suspension or absence of any member of the Board or in the event of a vacancy occurring in the office of a member of the Board the Governor may appoint a person to act temporarily as a member of the Board during the illness, suspension or absence of such member or until the vacant office has been filled, as the case may be. A person whilst acting temporarily as a member as aforesaid shall have and may exercise and discharge all the powers and authority of the member of the Board in whose place he acts.

member.

New sec. (b) by inserting next after section eleven the following

11 A.	new section :—
Delegation	llA. (1) This section applies to the powers, imposed on the Board by or under this or any other Act, other than the powers, authorities, duties and functions—
of powers,
authorities,	authorities, duties and functions conferred or
etc.

(a) that are conferred on the Board by this section or by section 14b or twenty of this Act;

(b)

Public Service {Amendment).

(b) that are conferred or imposed on the Board No» 64,1969

by or under any other Act and authorise the Board to enter into agreements relating to the conditions of employment of persons; or

(c) that under any provision of this Act, other than this section, may be exercised or discharged by a member of the Board, an inspector, officer or person or persons pursuant to a direction, authority, appoint­ ment or delegation by the Board.

(2) The Board may, by instrument in writ­ ing, delegate to a member of the Board or to an officer the exercise or performance of such of the powers, authorities, duties and functions to which this section applies as may be specified in the instrument of delegation and may in like manner revoke wholly or in part any such delegation.

(3) Any power, authority, duty or func­ tion, the exercise or performance of which has been delegated under this section to a member of the Board or an officer may while the delegation remains unrevoked be exercised or performed from time to time in accordance with the terms of the delegation by that member or officer or the person for the time being acting in the place of that member or officer.

(4) A delegation made under this section may be made subject to such conditions or such limitations as to the exercise or performance of any of the specified powers, authorities, duties or func­ tions delegated or as to time or circumstances as may be specified in the instrument of delegation.

(5) Without limiting the generality of sub­ section four of this section, where, under this section, the Board delegates to any person any of its powers, authorities, duties or functions relating to

Public Service {Amendment).

No. 64, 1969	the promotion of officers, the delegation shall be subject to the condition that the delegate shall not exercise or perform the power, authority, duty or function so as to promote an officer to a position if that officer is not, according to the rules governing the seniority of officers, the most senior officer eligible for promotion to that position.
(6) Where the exercise or performance of a power, authority, duty or function is dependent upon the opinion, belief or state of mind of the Board and that power, authority, duty or function has been delegated under this section the power, authority, duty or function so delegated may be exercised or performed under the delegation upon the opinion, belief or state of mind (as the case may require) of the delegate.
(7) Notwithstanding any delegation made under this section the Board may continue to exer­ cise or perform all or any of the powers, authorities, duties or functions delegated.
(8) Any act or thing done or suffered by the delegate when acting in the exercise of the dele­ gation and within the terms of the delegation shall have the like force and effect as if the act or thing had been done or suffered by the Board.

Sec. 41.

(c) by omitting section forty-one;

(Regulations for appoint­ ment of

women.)

Sec. 42.

(d) by omitting section forty-two.

(Married

women

when

eligible.)

WAR