Public Service (Amendment) Act 1972 (NSW)
PUBLIC SERVICE (AMENDMENT) ACT.
| jgeto | OTalesi |
M
ANNO VICESIMO PRIMO
ELIZABETH/E II REGINA^
Act No. 37, 1972.
An Act to enable certain persons to be ranked or classed as permanent heads of departments of the Public Service; to enable the Public Service Board to delegate certain powers, authorities, duties and functions to those persons; to enable the Public Service Board to make certain regulations; to validate certain matters; to provide for the appointment of persons employed under the Teaching Service Act, 1970, to the Public Service; for these purposes to amend the Public Service Act, 1902; and for purposes connected therewith. [Assented to, 11th April, 1972.]
BE
Public Service {Amendment).
follows; —
O E it enacted by the Queen’s Most Excellent Majesty, bv No. 37, 1972
^ and with the advice and consent of the Legislative
Council and Legislative Assembly of New South Wales in
1 . This Act may be cited as the “Public Service (Amend- Short
| ment) Act, 1972”. | ‘ ' |
| Amendment |
| 2 . | The Public Service Act, 1902, is amended— | of Act No. |
| 31, 1902. |
| (a) | (i) | by omitting from section four the definition of Sec. 4. |
| “Permanent head” and by inserting in lieu (interpre- | ||
|
“Permanent head” means—
| (a) | the Linder Secretary of the depart ment in which the officer or employee in connection with whom the term is used is employed; |
(b) the Auditor-General; and
(c) a person who is—
(i) in charge or control of a group of officers or em ployees ; and
(ii) ranked or classed as a permanent head by the Governor or by any Act passed before or after the commencement of the Public Service (Amendment) Act, 1972.
(ii) by inserting at the end of the same section the following new subsection :—
| (2) | A reference in this Act to a department |
is, in relation to a permanent head referred to in paragraph (b) or (c) of the definition of
“Permanent
Public Service {Amendment).
| No. 37, 1972 | “Permanent head” in subsection one of this section, a reference to the group of officers or employees in the charge of or under the control of that permanent head. |
| Sec. 5. | (b) by inserting at the end of section five the following |
| (Act not to | new subsection ;— |
| apply to | |
| certain | (2) Nothing in subsection one of this section shall prevent a person referred to in that subsection from being ranked or classed as a permanent head in accordance with this Act or a person so ranked or classed from exercising or performing the powers, authorities, duties or functions conferred or imposed on permanent heads by or under this Act. |
| public | |
| officers.) |
| Sec. 11a. | (c) | (i) by omitting from subsection two of section 11a |
| of powers, |
| (Delegation | the words “or to an officer” and by inserting | |
| ||
| authorities, | ||
| etc.) | of a department or an officer” : |
(ii) by omitting from subsection three of the same section the words “or an officer” and by insert ing in lieu thereof the words “, a permanent head of a department or an officer” ;
(iii) by omitting from the same subsection the words “or officer or” and by inserting in lieu thereof the words “, permanent head or officer or by” ;
(iv) by omitting from the same subsection the words “or officer” where secondly occurring and by inserting in lieu thereof the words
permanent head or officer” ;
| New sec. | (d) by inserting next after section twenty the following |
| 20a. | new section :— |
| Seniority. | 20a . (1 ) The Board may make regulations governing or prescribing the seniority of all officers or officers in any department and for that purpose the regulations may designate any group of officers specified in the regulations as a department. |
( 2 )
Public Service {Amendment).
(2) For the purposes of determining the No. 37, 1972
seniority of an officer, a reference to a department in any provision of this Act, other than subsection one of this section, is and shall be deemed always to have been, for the purposes of that provision, a reference to any group of officers designated as a department in the regulations made under that subsection, whether or not the regulations are expressed to be only for the purposes of any specified provision of this Act.
(3) Any regulation purporting to have been made under this Act before the commence ment of the Public Service (Amendment) Act, 1972, that could have been validly made if the provisions of subsection one of this section had been in force at the time when that regulation purported to have been made shall be deemed to have been validly made but nothing in this subsec tion affects the rights of any person whose rights were determined by the Crown Employees Appeal Board before that commencement.
| (e) | by inserting in subsection one of section thirty-four Sec. 34. | |
| ||
| (f) | by inserting next after section thirty-six the following New sec. new section :— |
36a. If it is expedient or desirable in the interests Appoint-
Service Act, the Governor, on the recommendation of the Board public” made with the concurrence of the Director-General Service.
of the Public Service to appoint to the Special, Clerical or General Division a person who is then Teaching employed under the Teaching Service Act, 1970,
of
Public Service (Amendment).
| No. 37,1972 | of Education and with the written consent of that person, may appoint, subject to such conditions as the Board may specify, that person accordingly without either examination or probation and that person shall thereupon cease to be employed under the Teaching Service Act, 1970. |
| Sec. 39. | (g) | (i) by inserting in subsection one of section thirty- |
| (Age of | nine after the words “No person” the words |
| appointees: | |
| Adminis | “, other than a person appointed under section |
| trative and | |
| Clerical | 36a of this Act,” ; |
| Division.) |
(ii) by inserting in subsection two of the same section after the words “No person” the words “, other than a person appointed under section
36a of this Act,” ;
| Sec. 44. | (h) (i) by inserting next after subsection one of |
| (Temporary | section forty-four the following new subsec |
| assistance.) | tion :— |
(1a ) Without limiting the provisions of
subsection one of this section, the Board, with the concurrence of the Director-General of Education and with the written consent of the person concerned, may temporarily employ, subject to such conditions as the Board may determine, a person employed under the Teaching Service Act, 1970, and thereupon that person shall cease to be employed under that Act.
(ii) by omitting from subsection two of the same section the words “Such person or persons” and by inserting in lieu thereof the words “A
person referred to in subsection one or ( 1 a )
of this section”.
Public Service {Amendment).
| 3 . | (1) This section shall commence | No. 37, 1972 |
| (a) | where a proclamation referred to in paragraph (b) Repeal of of this subsection has not been published in the of̂ the° Gazette before the first anniversary of the commencement of this Act—on that anniversary; Act, 1902. |
| (b) | where before the first anniversary of the commence ment of this Act a proclamation has been made by the Governor and has been published in the Gazette specifying that this section shall commence on a day not later than the second anniversary of that commencement—on that day. |
(2) Section 20a of the Public Service Act, 1902, is
hereby repealed.
(3 ) The repeal of section 20a of the Public Service Act, 1902, effected by this section does not affect the operation, in respect of any appeal against any promotion or appointment made before that repeal, of any regulations made under or validated by that section.
REGIONAL
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