Untitled document

Public Sector Reform (Miscellaneous Amendments)

Act 1998

Act No. 46/1998

TABLE OF PROVISIONS

Section Page

1.	Purposes	1
2.	Commencement	2
3.	Construction of Act	2
4.	Amendment of Administrative Arrangements Act 1983	2
5.	New section inserted in the Administrative Arrangements Act
1983	2

7. Change of name of Agency corporation 2

6.	Repeal	4
7.	Amendments	4
8.	Transitional provisions	4

__________________

SCHEDULES	5
SCHEDULE 1—Consequential amendments	5
SCHEDULE 2—Transitional provisions	131

═══════════════

NOTES 136

i

Victoria

No. 46 of 1998

Public Sector Reform (Miscellaneous Amendments) Act 1998†

[Assented to 26 May 1998]

The Parliament of Victoria enacts as follows:

1. Purposes

The purposes of this Act are—

(a)	to amend the Administrative Arrangements Act 1983; and
(b)	Employment Opportunity) Act 1990 and

to repeal the Public Authorities (Equal and

Public Sector Reform (Miscellaneous Amendments) Act 1998

Act No. 46/1998 s. 2

(c)	to provide for consequential and transitional matters arising from the repeal of the Public Sector Management Act 1992 and the
enactment of the Public Sector Management and Employment Act 1998.

2. Commencement

(1) Section 1 and this section come into operation on

the day on which this Act receives the Royal
Assent.

(2) The remaining provisions of this Act come into operation on the day on which the provisions of the Public Sector Management and

Employment Act 1998, other than Part 1, come into operation.

3. Construction of Act

This Act is to be read and construed as one with
the Public Sector Management and

Employment Act 1998.

4. Amendment of Administrative Arrangements Act 1983

In section 2(1) of the Administrative
Arrangements Act 1983 insert—
' "Agency corporation" means a body corporate

established by an Act and constituted by the person who is for the time being the Agency Head within the meaning of the Public

Sector Management and Employment Act
1998 of an Agency and the successors in
office of that person;'.

5. New section inserted in the Administrative Arrangements Act 1983

After section 6 of the Administrative
Arrangements Act 1983 insert—
"7. Change of name of Agency corporation

Public Sector Reform (Miscellaneous Amendments) Act 1998

Act No. 46/1998

(1) If the name of an Agency corporation

includes the name of a Department within and the name of that Department is changed under that Act, the name of the Agency corporation is changed, at the same time, to include the new name of the Department.

the meaning of the Public Sector

(2) If the name of an Agency corporation is

changed under sub-section (1)—

(a) the change of name does not—
(i) create a new legal entity;

(ii)  prejudice or affect the identity of the Agency corporation as a body corporate or the continuity of that body corporate;

(iii)

affect the property, rights or corporation;

(iv) render defective any legal
proceedings by or against the
Agency corporation; and

(b)	any legal proceedings that could have been continued or begun by or against the Agency corporation by its former
name may be continued or begun by or against it by its new name; and
(c)	instrument (within the meaning of the Interpretation of Legislation Act

a reference in any Act, subordinate corporation by its former name is, in relation to any period on or after the time that the name of the Agency corporation changed, to be taken to be a

Public Sector Reform (Miscellaneous Amendments) Act 1998

Act No. 46/1998	s. 6
reference to the Agency corporation by its new name.".

6. Repeal

The Public Authorities (Equal Employment	No. 68/1992. Reprint No. 3
Opportunity) Act 1990 and the Public Sector	as at 12 June
Management Act 1992 are repealed.	1997.

7. Amendments

(1) An Act specified by its short title in a heading in

Schedule 1 is amended in accordance with the provisions of that Schedule set out under that heading.

(2) A heading in Schedule 1 forms part of this Act.

8. Transitional provisions

Schedule 2 contains transitional provisions.

__________________
Public Sector Reform (Miscellaneous Amendments) Act 1998

Sch. 1 Act No. 46/1998

SCHEDULES

SCHEDULE 1

CONSEQUENTIAL AMENDMENTS

Section 7

Accident Compensation Act 1985

In section 22(4)—

(a) for "appointed to an office" substitute "employed";

(b) in paragraph (a), for "officer of" substitute "employee in"; (c) in paragraph (b), for "officer of" substitute "employee in". In section 26(3), for "government office" substitute "statutory office

within the meaning of the Public Sector Management and

Employment Act 1998".

In section 27(3)(b), for "government office" substitute "statutory office
within the meaning of the Public Sector Management and

Employment Act 1998".

In section 29(3), for "Public Sector Management Act 1992 (including
Part 9)" substitute "Public Sector Management and Employment

Act 1998".

In section 30(2)(b), for "government office" substitute "statutory office
within the meaning of the Public Sector Management and

Employment Act 1998".

In section 63(8), for "Public Service 1974" substitute "Public Sector

Management and Employment Act 1998".

In section 155(2)(c), for sub-paragraphs (i) and (ii) substitute—
"(i) the Secretary to the Department of State Development;".
In section 243(2)(c), for sub-paragraphs (i) and (ia) substitute—
"(i) the Secretary to the Department of State Development;
(ia) the Secretary to the Department of Treasury and Finance;".

Public Sector Reform (Miscellaneous Amendments) Act 1998

Act No. 46/1998 Sch. 1

In section 244(2)(c), for paragraph (va) substitute—

"(va) the Secretary to the Department of State Development to the extent
necessary for the Secretary to properly carry out the functions of
the Secretary or the Department;".

Administrative Appeals Tribunal Act 1984

In section 6(4), for "Public Service Act 1974" substitute "Public
Sector Management and Employment Act 1998".

In section 61(1), for "Public Sector Management Act 1992" substitute "Public Sector Management and Employment Act 1998". In section 64(b), for "chief administrator of the administrative unit" substitute "Department Head of the Department".

Administrative Arrangements Act 1983

In section 2(1)—

(a) for the definition of "Department" substitute— ' "Department" means—

(a)	a Department within the meaning of the Public Sector Management and Employment Act 1998; or
(b)	an Administrative Office within the meaning of that Act; or

(c) a declared authority within the meaning of that Act;';

(b) for the definition of "officer" substitute— ' "officer" means—

(a)	an employee under Part 3 of the Public Sector Management and Employment Act 1998 or of a declared authority within the meaning of that Act; or
(b)	in relation to a declared authority within the meaning of that Act, a person or body specified in an Order under section 47(2)(b) of that Act to have the functions of an Agency Head within the meaning of that Act; or'.

Adoption Act 1984

In section 4—

(a) in the definition of "approved agency", for "Director-General" substitute "Secretary";

(b) the definition of "Director-General" is repealed;

Public Sector Reform (Miscellaneous Amendments) Act 1998

Sch. 1 Act No. 46/1998

(c) insert—

' "Secretary" means the Secretary to the Department of Human

Services;'.

After section 4(1) insert—

'(1A) If under the Public Sector Management and Employment Act

1998 the name of the Department of Human Services is changed, a reference in the definition of "Secretary" in sub-section (1) to that Department must, from the date when the name is changed, be

treated as a reference to the Department by its new name.'.

In section 5—

(a)	for "Director-General" (wherever occurring) substitute "Secretary";
(b)	in sub-section (2)(a), for "Department of Community Services" substitute "Department of Human Services".

In sections 7 and 15(1) and (3), for "Director-General" (wherever
occurring) substitute "Secretary".
In section 19—
(a) in sub-section (2), for "Director-General" substitute "Secretary";

(b) in sub-section (4)—

(i) for "Director-General" substitute "Secretary";

(ii)  for "Attorney-General's Department" substitute "Department of Justice".

In sections 20, 21(1) and (3), 22, 23, 24(1), 26, 27, 28, 29, 32, 33(3)(e), 34(1), 35(1) and (3), 37(2), (3) and (4), 38, 41(3), 43(2), (4) and (5), 44, 45, 46, 47, 48, 49(1) and (2), 50(2) and (4), 51, 55, 59A, 67(2) and 68,

for "Director-General" (wherever occurring) substitute "Secretary".
In section 69(3)—

(a) for "Director-General" substitute "Secretary";

(b) in paragraph (a), for "Attorney-General's Department" substitute "Department of Justice".

In sections 76(2) and (3), 82 and 83(1) and (3), for "Director-General"

(wherever occurring) substitute "Secretary".

In section 84(2)—

Public Sector Reform (Miscellaneous Amendments) Act 1998

Act No. 46/1998 Sch. 1

(a)	for "Director-General" (wherever occurring) substitute "Secretary";
(b)	for "Department of Community Services" substitute "Department of Human Services".

In sections 85, 86, 90, 92, 94(1), 99(3)(f) and 100(2) and (3), for "Director-General" (wherever occurring) substitute "Secretary".

In section 102, for "Department of Community Services" substitute

"Department of Human Services".

In sections 103, 104, 105, 106(2), 108, 110, 112, 113, 114, 115, 119(2),
120(2), 121(1)(e) and (5)(a), 122(1), 123(1), 129A(1) and 130, for

"Director-General" (wherever occurring) substitute "Secretary".

Adult, Community and Further Education Act 1991

In section 20(7)—

(a)	for "government office or a full-time office in the public service or teaching service" substitute "a statutory office within the meaning of the Public Sector Management and Employment Act 1998,
is employed full-time in the public service or holds a full-time office in the teaching service";

(b) in paragraph (b), for "officers" substitute "employees".

In section 21(4)(b), for "government office or a full-time office in the
public service, the TAFE teaching service" substitute "statutory office
within the meaning of the Public Sector Management and
Employment Act 1998, is employed full-time in the public service or

holds a full-time office in the TAFE teaching service".

For section 25(1) substitute—

"(1) A General Manager of the Board is and any employees that are necessary for the purposes of this Part are to be employed under Part 3 of the Public Sector Management and Employment Act 1998.".

In section 26—

(a) in paragraph (a)—

(i) for "officer of" substitute "employee in";

(ii)  for "Ministry of Education and Training" substitute "Department of Education";

(b) in paragraph (b), for "officer of" substitute "employee in".
In section 27—
(a) for paragraph (c) substitute—

Public Sector Reform (Miscellaneous Amendments) Act 1998

Sch. 1 Act No. 46/1998

"(c) any employee in the public service employed under section

25; or";

(b)	in paragraph (g), for "General Manager of that Board" substitute "the Director employed under section 19 of the Vocational Education and Training Act 1990";
(c)	for paragraph (h) substitute—

"(h) a person employed under section 19 of the Vocational Education and Training Act 1990; or".

In section 28(1)—

(a) for paragraph (c) substitute—

"(c) any employee in the public service employed under section

25; or";

(b)	in paragraph (g), for "General Manager of that Board" substitute "the Director employed under section 19 of the Vocational Education and Training Act 1990";
(c)	for paragraph (h) substitute—

"(h) a person employed under section 19 of the Vocational Education and Training Act 1990; or".

In section 29—

(a) for paragraph (a) substitute—

"(a) any employee in the public service employed under section

25; or";

(b)	in paragraph (e), for "General Manager of that Board" substitute "the Director employed under section 19 of the Vocational Education and Training Act 1990";
(c)	for paragraph (f) substitute—

"(f) a person employed under section 19 of the Vocational Education and Training Act 1990; or".

In section 39(7), for "a government office or an office in the public service or teaching service" substitute "a statutory office within the meaning of the Public Sector Management and Employment Act 1998, is employed in the public service or holds an office in the

teaching service".

Agent-General's Act 1994

Public Sector Reform (Miscellaneous Amendments) Act 1998

Act No. 46/1998 Sch. 1

In section 5(2), for "Public Sector Management Act 1992 (including
Part 9)" substitute "Public Sector Management and Employment

Act 1998".

Agriculture and Veterinary Chemicals (Control of Use) Act 1992

In section 4, for the definition of "Department" substitute—

' "Department" means the Department of Natural Resources and

Environment;'.

In section 4(6)—

(a)	for "Public Sector Management Act 1992" substitute "Public Sector Management and Employment Act 1998";
(b)	for "Department of Agriculture" substitute "Department of Natural Resources and Environment".

In section 53(1), for "officer of" substitute "person employed in".

In section 63(4)(b), for "Department of Health" substitute "Department of Human Services".

In section 66(1)(c), for "section 4(1) of the Public Sector Management
Act 1992" substitute "section 5 of the Public Sector Management
and Employment Act 1998".
In section 71(2)(b)—
(a) after "appointment" insert "or employment";

(b) after "officer" (where secondly occurring) insert "or employee".

Agricultural and Veterinary Chemicals (Victoria) Act 1994

In section 28(1)—

(a) (b) after "officer" (where secondly occurring) insert "or employee". for "If an officer of a Department, administrative unit or authority" the Public Sector Management and Employment Act 1998 or an officer or employee of an authority";

Agricultural Industry Development Act 1990

In section 23(3), for "Public Service Act 1974" substitute "Public

Sector Management and Employment Act 1998".

In section 25(1) omit "officer or".

Albury-Wodonga Agreement Act 1973

Public Sector Reform (Miscellaneous Amendments) Act 1998

Sch. 1 Act No. 46/1998

In section 9(5) for "Public Service Act 1974" substitute "Public

Sector Management and Employment Act 1998".

Alcoholics and Drug-dependent Persons Act 1968

In section 3—

(a) the definition of "Chief General Manager" is repealed;

(b) insert—

' "Secretary" means the Secretary to the Department of Human

Services;'.

At the end of section 3 insert—

'(2) If under the Public Sector Management and Employment Act

1998 the name of the Department of Human Services is changed, a reference in the definition of "Secretary" in sub-section (1) to that Department must, from the date when the name is changed, be

treated as a reference to the Department by its new name.'.

In sections 4, 4A(1) and (2), 4B(8), (9) and (10), 4C and 5(1A), for
"Chief General Manager" (wherever occurring) substitute "Secretary".

In section 6(1), for "employé" substitute "employee".
For section 6(2) substitute—

"(2) Any welfare officers and employees that are necessary for carrying

this Act into effect may be employed under Part 3 of the Public

Sector Management and Employment Act 1998.".

In section 8(1), for "officers of" (where first occurring) substitute

"employees in".

In sections 8A(1) (in the definition of "alcohol or drug service"), (2),
(6), (7) and (10), 19 and 20(3), for "Chief General Manager" (wherever

occurring) substitute "Secretary".

Alpine Resorts (Management) Act 1997

In section 21(4), for "The Public Sector Management Act 1992 accordance with Part 7)".

(except Part 9 or in accordance with Part 8)" substitute "The Public

In section 25 omit "officer or".

In section 42(4), for "The Public Sector Management Act 1992 accordance with Part 7 of that Act)".

(except Part 9 or in accordance with Part 8)" substitute "The Public

Public Sector Reform (Miscellaneous Amendments) Act 1998

Act No. 46/1998 Sch. 1

In section 48 omit "officer or".

Ambulance Services Act 1986

In section 3—

(a) the definition of "Chief General Manager" is repealed;

(b) insert—

' "Secretary" means the Secretary to the Department of Human

Services;'.

At the end of section 3 insert—

'(2) If under the Public Sector Management and Employment Act

1998 the name of the Department of Human Services is changed, a reference in the definition of "Secretary" in sub-section (1) to that Department must, from the date when the name is changed, be

treated as a reference to the Department by its new name.'.

In section 5—

(a)	in paragraphs (a), (c), (e), (f), (g) and (h), for "Chief General Manager" (wherever occurring) substitute "Secretary";
(b)	in paragraph (d), for "officers of the Department of Health" substitute "employees in the Department of Human Services".

In section 7—

(a)	in sub-section (2)(h), for "Department of Health" substitute "Department of Human Services";
(b)	in sub-section (9), for "Chief General Manager" substitute "Secretary".

In section 9—

(a) for "Chief General Manager" (wherever occurring) substitute "Secretary";

(b) in paragraph (k), for "officers of" substitute "employees in".

In section 10—

(a)	for "Chief General Manager" (where twice occurring) substitute "Secretary";
(b)	in sub-section (2), for "Department of Health" substitute "Department of Human Services".

In sections 11, 12 and 13, for "Chief General Manager" (wherever

occurring) substitute "Secretary".

For section 14 substitute—

Public Sector Reform (Miscellaneous Amendments) Act 1998

Sch. 1 Act No. 46/1998

"14. Director of Ambulance Services

A Director of Ambulance Services is to be employed under Part 3 of the Public Sector Management and Employment Act 1998.".

In sections 18(c) and (i), 21(3) and (4), 22(1), 25(f), 28(c), 31(3) and
(4) and 34(1) and (3), for "Chief General Manager" (wherever
occurring) substitute "Secretary".

In section 36—

(a)	in sub-section (1)(b), for "appointment, tenure" substitute "employment";
(b)	in sub-sections (2), (3), (4), (5) and (6), for "Chief General Manager" (wherever occurring) substitute "Secretary".

In section 39(1), for "Chief General Manager" (wherever occurring) substitute "Secretary".

Appeal Costs Act 1964

In section 5(6), for "Public Service Act 1974" substitute "Public
Sector Management and Employment Act 1998".

For section 7 substitute— "7. Staff

A secretary to the Board and any employees that are necessary for carrying out the objects of this Act may be employed under Part 3 of the Public Sector Management and Employment Act 1998.".

Archaeological and Aboriginal Relics Preservation Act 1972

In section 5(1)—

(a) in paragraph (a), for "Secretary for Planning and Environment" substitute "Secretary to the Department of Natural Resources and Environment";

(b) for paragraph (b)(vii) substitute—

"(vii) one being the Executive Director, Lands Victoria". In section 6(7), for "officer or employé of" substitute "employee in".

For section 8(1) substitute—

"(1) A secretary to the Advisory Committee and any employees that are
necessary for the purposes of this Act are to be employed under

Public Sector Reform (Miscellaneous Amendments) Act 1998

Act No. 46/1998 Sch. 1

Part 3 of the Public Sector Management and Employment Act

1998.".

In sections 15(2)(a), 17(2)(a) and 29(b), for "Minister for Conservation,
Forests and Lands" substitute "Minister administering the Aboriginal

Lands Act 1991".

Associations Incorporation Act 1981

In section 18, for "Attorney-General" substitute "Minister".

In section 38, for "Public Service Act 1974" substitute "Public

Sector Management and Employment Act 1998".

Auction Sales Act 1958

In section 3(2)—

(a)	for "Minister for Conservation, Forests and Lands" substitute "Minister administering the Crown Land (Reserves) Act 1978";
(b)	for "Minister of Public Works" substitute "Minister administering the Planning and Environment Act 1987".

Audit Act 1994

In section 3—

(a)	in the definition of "Victorian Auditor-General's Office", for "department head under section 17 of the Public Sector Management Act 1992" substitute "Agency Head under section 16 of the Public Sector Management and Employment Act 1998";
(b)	in the definition of "department", for "Public Sector Management Act 1992" substitute "Public Sector Management and Employment Act 1998".

In section 4(2), for "Public Sector Management Act 1992, except as
provided in section 17 of that Act" substitute "Public Sector
Management and Employment Act 1998, except section 16 of that

Act".

In section 7(1), for "holding office under the Public Sector
Management Act 1992" substitute "employed under Part 3 of the
Public Sector Management and Employment Act 1998".

In section 7F(4), for "Public Sector Management Act 1992 (except Part 9)" substitute "Public Sector Management and Employment Act 1998".

Australian Food Industry Science Centre Act 1995

Public Sector Reform (Miscellaneous Amendments) Act 1998

Sch. 1 Act No. 46/1998

In section 12(5), for "Public Sector Management Act 1992 (except
Part 9 or in accordance with Part 8)" substitute "Public Sector
Management and Employment Act 1998 (except in accordance with

Part 7 of that Act)".

Australian Grands Prix Act 1994

In section 10(5), for "Public Sector Management Act 1992 (except
Part 9 or in accordance with Part 8)" substitute "Public Sector
Management and Employment Act 1998 (except in accordance with

Part 7 of that Act)".

Bank Integration Act 1992

In section 4, for paragraph (b)(ii) of the definition of "authorised
person" substitute—

"(ii) an executive in the public service of Victoria—".

Barley Marketing Act 1993

In section 3, in the definition of "Victorian Department", for
"Department of Agriculture" substitute "Department of Natural

Resources and Environment".

At the end of section 3 insert—

'(2) If under the Public Sector Management and Employment Act

1998 the name of the Department of Natural Resources and
Environment is changed, a reference in the definition of "Victorian
Department" in sub-section (1) to that Department must, from the
date when the name is changed, be treated as a reference to the
Department by its new name.'.

In section 16 omit "officer or". In section 65 omit "officer or".

Benefit Associations Act 1958

In section 23(1)(e), for "officer" (where twice occurring) substitute

"employee".

Births, Deaths and Marriages Registration Act 1996

In section 5, for "appointed under the Public Sector Management Act
1992" substitute "employed under Part 3 of the Public Sector

Management and Employment Act 1998".

For section 7 substitute—

Public Sector Reform (Miscellaneous Amendments) Act 1998

Act No. 46/1998 Sch. 1

"7. Registrar's staff

Any other employees that are necessary for the purposes of this
Act may be employed under the Public Sector Management and

Employment Act 1998.".

In section 8, for "officer or employee appointed or" substitute

"person".

Section 64 is repealed.

Board of Studies Act 1993

In section 6(o), for "Director of School Education" substitute

"Secretary to the Department of Education".

For section 15(1) substitute—

"(1) A chief executive officer and as many other employees as are
necessary for the proper functioning of the Board are to be
employed under Part 3 of the Public Sector Management and
Employment Act 1998.".

In section 15(2), for "Director of School Education" substitute

"Secretary to the Department of Education".

In section 15(3), for "A staff member" substitute "A person employed

under sub-section (1)".

In section 17 omit "or another member of staff".

Bread Industry Act 1959

In section 2(1), the definition of "Minister" is repealed.

Broiler Chicken Industry Act 1978

In section 2—

(a) the definition of "Director-General" is repealed;

(b) insert—

' "Secretary" means the Secretary to the Department of Natural Resources and Environment.".

In section 5—

(a)	for "Director-General" (where twice occurring) substitute "Secretary";
(b)	for "officer of the Department of Agriculture" (where twice occurring) substitute "employee in the Department of Natural Resources and Environment";

Public Sector Reform (Miscellaneous Amendments) Act 1998

Sch. 1 Act No. 46/1998

(c) in sub-section (2), for "officer" (where secondly occurring) substitute "employee".

Building Act 1993

In section 160(3)(c), for "Public Sector Management Act 1992" substitute "Public Sector Management and Employment Act 1998".

For section 176(5)(a)(i) substitute—

"(i) an employee under Part 3 of the Public Sector Management and
Employment Act 1998; or".

In section 205—

(a) in sub-section (2), for paragraph (a) substitute—

"(a) under Part 3 of the Public Sector Management and Employment Act 1998";

(b) in sub-section (3), for "Public Sector Management Act 1992" substitute "Public Sector Management and Employment Act 1998".

In section 221ZZO(3)(d), for "Public Sector Management Act 1992" substitute "Public Sector Management and Employment Act 1998".

In Schedule 3, in clause 4, for "is subject to Part 9 of the Public Sector Management Act 1992 but is not subject to any other provision of that Act" substitute ", is not subject to the Public Sector Management and Employment Act 1998".

Business Franchise (Tobacco) Act 1974

In section 15(1)(b), for "officer of" substitute "employee in".
In section 19B—
(a) in sub-section (2), for "officer of" substitute "employee in";
(b) in sub-section (4), for "officer" substitute "employee".

In section 19E(7), for "officer of" substitute "employee in".

Business Investigations Act 1958

In section 4, for "Attorney-General" (wherever occurring) substitute

"Minister".

Business Licensing Authority Act 1998

In section 11, for "appointed or employed under the Public Sector Management Act 1992" substitute "employed under Part 3 of the Public Sector Management and Employment Act 1998".

Public Sector Reform (Miscellaneous Amendments) Act 1998

Act No. 46/1998 Sch. 1

In section 15(1), for "appointed or employed under the Public Sector
Management Act 1992" substitute "employed under Part 3 of the
Public Sector Management and Employment Act 1998".

In section 16, for "appointed or employed under the Public Sector Management Act 1992" substitute "employed under Part 3 of the Public Sector Management and Employment Act 1998".

In clause 1 of the Schedule, for sub-clause (3) substitute—

"(3) The Public Sector Management and Employment Act 1998

(except in accordance with Part 7 of that Act) does not apply to a
member in respect of the office of member.".

Cancer Act 1958

In section 3—

(a) the definition of "Chief General Manager" is repealed;

(b) insert—

' "Secretary" means the Secretary to the Department of Human

Services;'.

At the end of section 3 insert—

'(2) If under the Public Sector Management and Employment Act

1998 the name of the Department of Human Services is changed, a reference in the definition of "Secretary" in sub-section (1) to that Department must, from the date when the name is changed, be

treated as a reference to the Department by its new name.'.

In section 5(3) and 6(1)(a), for "Chief General Manager" substitute
"Secretary".

Caravan Parks and Movable Dwellings Act 1988

In section 83(3) omit "officer or temporary".

In section 85(4A), after "officer" insert "or employee".

Casino Control Act 1991

In section 94(2), for "Public Service Act 1974" substitute "Public
Sector Management and Employment Act 1998".

In section 128K(2), for "Minister administering the Land Act 1958" substitute "Minister".

In section 128O(1)(b), for "Public Sector Management Act 1992" substitute "Public Sector Management and Employment Act 1998".

Public Sector Reform (Miscellaneous Amendments) Act 1998

Sch. 1 Act No. 46/1998

In section 128Q(1), for "Public Sector Management Act 1992" substitute "Public Sector Management and Employment Act 1998".

Catchment and Land Protection Act 1994

In Schedule 1, in clause 4, omit "officer or".

In Schedule 1, in clause 6, for "Public Sector Management Act 1992 (except Part 9 or in accordance with Part 8)" substitute "Public Sector Management and Employment Act 1998 (except in accordance with Part 7 of that Act)".

Cemeteries Act 1958

In section 2(3)—

(a) the definition of "Chief General Manager" is repealed;

(b) insert—

' "Secretary" means the Secretary to the Department of Human

Services;'.

After section 2(3) insert—

'(4) If under the Public Sector Management and Employment Act

1998 the name of the Department of Human Services is changed, a reference in the definition of "Secretary" in sub-section (1) to that Department must, from the date when the name is changed, be
treated as a reference to the Department by its new name.'.

In section 4(3)(b), for "Public Sector Management Act 1992" substitute "Public Sector Management and Employment Act 1998".

In section 8A(7) and 18, for "Chief General Manager" substitute

"Secretary".

In section 19—

(a) in sub-section (1), for "Chief General Manager" substitute "Secretary";

(b) in sub-section (2), for "Minister of Health" substitute "Minister".

In sections 20, 23(3), (4) and (5), 34, 46, 47, 48(1)(a) and (3), 50,
50A(1) and (3), 60B(1) and (2), 60C, 67, 77(1)(b) and 79, for "Chief

General Manager" (wherever occurring) substitute "Secretary".

Chattel Securities Act 1987

In section 14 omit "officer or".

Children and Young Persons Act 1989

In section 3(1)—

Public Sector Reform (Miscellaneous Amendments) Act 1998

Act No. 46/1998 Sch. 1

(a)	in the definitions of "case plan", "case planning process", "custody to Director-General order", "guardianship to Director-General order" and "probation officer", for "Director-General" substitute "Secretary";
(b)	for the definition of "Department" substitute— ' "Department" means the Department of Human Services;';

(c) the definition of "Director-General" is repealed;

(d) for the definition of "employee" substitute—

' "employee" means a person employed under Part 3 of the

Public Sector Management and Employment Act 1998 in the Department;';

(e) the definition of "officer" is repealed.

In section 3(2)—

(a)	for "Public Sector Management Act 1992" substitute "Public Sector Management and Employment Act 1998";
(b)	for "Department of Health and Community Services" substitute "Department of Human Services".

In sections 4, 5, and 6(2) and (3), for "Director-General" substitute

"Secretary".

In section 7(1)—

(a) for "Director-General" (where twice occurring) substitute "Secretary";

(b) omit "officer or"; (c) omit "officers or". In section 7(1A), for "senior executive officer (within the meaning of

the Public Sector Management Act 1992)" substitute "executive
within the meaning of the Public Sector Management and

Employment Act 1998".

In sections 7(2), 15(1), 21(1), 23(3) and (4) and 26, for "Director-

General" (wherever occurring) substitute "Secretary".

In section 27(1)(a), for "appointed subject to the Public Service Act
1974" substitute "employed under Part 3 of the Public Sector
Management and Employment Act 1998".

In section 34—

(a) in sub-sections (1), (4), (6) and (7), for "Director-General" substitute "Secretary";

Public Sector Reform (Miscellaneous Amendments) Act 1998

Sch. 1 Act No. 46/1998

(b) in sub-section (2), for "Subject to the Public Service Act 1974, there are to be appointed" substitute "There are to be employed under Part 3 of the Public Sector Management and

Employment Act 1998";

(c) in sub-section (5), for "Public Service Act 1974" substitute "Public Sector Management and Employment Act 1998".

In section 35 (1) and (2), for "Director-General" (wherever occurring) substitute "Secretary".

In section 36(2), for "Public Service Act 1974" substitute "Public

Sector Management and Employment Act 1998".

In section 37A(7), for "Public Service Act 1974" substitute "Public
Sector Management and Employment Act 1998".

In sections 39, 44, 45, 47(3), 48(1), 49, 50, 53, 54(1)(c), 58, 60(1), 61 and 62(2)(g), for "Director-General" (wherever occurring) substitute "Secretary".

In section 64—

(a) in sub-section (1C), for paragraph (h) substitute—

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

Management and Employment Act 1998 to perform the duties of a youth and child welfare worker;";

(b) in sub-section (2), for "Director-General" substitute "Secretary".

In sections 66(4) and (5), 69(7), 72(1), (2), (5) and (6), 83, 85(1), 86(1), 88(1), 91, 93, 94(1), 95, 96(1), 98(1) and (5), 99, 100, 101, 102(1), 103, 104(1), 105, 106, 107, 108, 109, 110(2), 111(1), (3) and (4), 112(2) and (3), 114(1), 116(1), (2) and (4), 117(2), 119, 120, 121, 122(1), 123,

124, 125, 126, 132, 133, 136, 159(1) and (4), 160(1) and (4), 161,
164(1) and (5), 165(1), (2) and (3), 167(1) and (2), 169 (in the
definition of "project"), 180(1), 184(2), 185(1), (3), (4) and (10), 195,
196(1), 201 and 204(2), for "Director-General" (wherever occurring)

substitute "Secretary".

In section 205(7), for "Public Service Act 1974" substitute "Public occurring) substitute "Secretary".

Sector Management and Employment Act 1998".
In section 216(7), for "Public Service Act 1974" substitute "Public

Sector Management and Employment Act 1998".

In section 217(1), for "Director-General" substitute "Secretary".
For section 226(1) substitute—

Public Sector Reform (Miscellaneous Amendments) Act 1998

Act No. 46/1998 Sch. 1 Sch. 1

"(1) There are to be employed under Part 3 of the Public Sector
Management and Employment Act 1998 as many stipendiary
youth parole officers as are necessary for the purposes of this
Act.".

In section 226(2) and (4), for "Director-General" substitute

"Secretary".

In section 226(3), for "Public Service Act 1974" substitute "Public

Sector Management and Employment Act 1998".

In sections 227(6), 231(6), 237, 239(1) and (3), 240, 241(3), 242(1) and
(3), 243(2) and (4) and 244(1), for "Director-General" substitute

"Secretary".

In section 244A—

(a) in sub-section (2), for "Director-General" substitute "Secretary";

(b) in sub-sections (3) and (5), for "Director-General of Corrections" substitute "Secretary to the Department of Justice".

In sections 244B(2), (3) and (5), 250, 252(1), 253(1), 255(1) and (5),
256, 257, 261(2), 262(2), 263, 264, 265, 266 and 270(1), for "Director-
General" (wherever occurring) substitute "Secretary".

In section 271—

(a) in sub-sections (1), (3) and (4), for "Director-General" (wherever occurring) substitute "Secretary";

(b) in sub-section (4) omit "officer or".

For section 271(6) substitute—

"(6) An employee may, in accordance with section 7, have delegated to
him or her any function or power of the Secretary under this
section, except (unless he or she is an executive within the
meaning of the Public Sector Management and Employment
Act 1998) the power to make authorisations under sub-section (3)
or (4).".

In sections 272 and 280(1) and clauses 3, 4, 5, 6(2), 7, 9, 12(1), 15 and
16 of Schedule 1 and clause 8 of Schedule 3, for "Director-General"

(wherever occurring) substitute "Secretary".

Children's Services Act 1996

In section 3(2), for "Public Sector Management Act 1992" substitute

"Public Sector Management and Employment Act 1998".

In section 35(1), for "holding a position under the Public Sector
Management Act 1992" substitute "employed under Part 3 of the
Public Sector Management and Employment Act 1998".

Public Sector Reform (Miscellaneous Amendments) Act 1998

Act No. 46/1998

In section 52, for "officer of" substitute "employee in".

Chinatown Historic Precinct Act 1984

In section 6(2), for "Public Service Act 1974" substitute "Public

Sector Management and Employment Act 1998".

Chiropodists Act 1968

In section 7(1A)—

(a) for "Chief General Manager of the Department of Health" substitute "Secretary to the Department of Human Services";

(b) for "Chief General Manager's" substitute "Secretary's".

Chiropractors Registration Act 1996

In section 55—

(a) in sub-section (2)—

(i) omit "officer or";

(ii)  for "Public Sector Management Act 1992" (where twice occurring) substitute "Public Sector Management and Employment Act 1998";

(b) sub-section (5) is repealed.

For section 64(3) substitute—

"(3) The Public Sector Management and Employment Act 1998

(except in accordance with Part 7 of that Act) does not apply to a
member in respect of the office of member.".

In section 68—

(a) in sub-section (1)—

(i) omit "officer or";

(ii)  for "Public Sector Management Act 1992" substitute "Public Sector Management and Employment Act 1998";

(b) sub-section (3) is repealed.

Cinemedia Corporation Act 1997

In section 17(4), for "Public Sector Management Act 1992 (except
Part 9 or in accordance with Part 8)" substitute "Public Sector
Management and Employment Act 1998 (except in accordance with

Part 7 of that Act)".

City of Melbourne Act 1993

Public Sector Reform (Miscellaneous Amendments) Act 1998

Act No. 46/1998 Sch. 1

In section 12(3) and (4), for "Department of Planning and Development" substitute "Department of Infrastructure".

Coastal Management Act 1995

In section 3, in paragraph (c) of the definition of "Crown land", for
"Department of Conservation and Natural Resources" substitute

"Department of Natural Resources and Environment".

In section 7(2)—

(a)	in paragraph (d), for "officer of the Department of Planning and Development" substitute "employee in the Department of Infrastructure";
(b)	in paragraph (e), for "officer of the Department of Conservation and Natural Resources" substitute "employee in the Department of Natural Resources and Environment";
(c)	in paragraph (f), for "officer of the Department of Transport" substitute "employee in the Department of Infrastructure".

In section 11—

(a)	in paragraph (e), for "officer of the Department of Planning and Development" substitute "employee in the Department of Infrastructure";
(b)	in paragraph (f), for "officer of the Department of Conservation and Natural Resources" substitute "employee in the Department of Natural Resources and Environment";
(c)	in paragraph (g), for "officer of the Department of Transport" substitute "employee in the Department of Infrastructure".

In sections 31(2)(c), 38(2) and 40(2)(c), for "Department of
Conservation and Natural Resources" substitute "Department of

Natural Resources and Environment".

In the Schedule—

(a) in clause 3 omit "officer or";

(b) in clause 5, for "Public Sector Management Act 1992 (except Part 9 or in accordance with Part 8)" substitute "Public Sector Management and Employment Act 1998 (except in accordance

with Part 7 of that Act)".

Collusive Practices Act 1965

In sections 5(1), 6 and 8(1), for "Attorney-General" (wherever occurring) substitute "Minister".

Commonwealth Arrangements Act 1958

Public Sector Reform (Miscellaneous Amendments) Act 1998

Sch. 1 Act No. 46/1998

In section 4—

(a) for "officer of" (where twice occurring) substitute "employee in";

(b) omit "(other than a responsible Minister of the Crown)".

In section 5, for "office" substitute "employee".

In section 6A(1)—

(a) omit "on the recommendation of the Public Service Board";

(b) for "office" substitute "employee".

In section 6A(2), after "officer" (where twice occurring) insert "or employee".

Community Services Act 1970

In section 3—

(a) in the definition of "Department", omit "established under the Public Sector Management Act 1992";

(b) the definition of "Director-General" is repealed;

(c) insert—

' "employee" has the same meaning as in the Children and Young Persons Act 1989;';

(d) in the definition of "guardian", for "Director-General" substitute "Secretary";

(e) the definitions of "Minister" and "officer" are repealed.

At the end of section 3 insert—

'(2) If under the Public Sector Management and Employment Act

1998 the name of the Department of Human Services is changed, a
reference in the definition of "Department" in sub-section (1) to
that Department must, from the date when the name is changed, be
treated as a reference to the Department by its new name.'.

In section 4—

(a)	in paragraph (b) (where secondly occurring) and paragraph (c) (where secondly and thirdly occurring), for "Director-General" substitute "Secretary";
(b)	in paragraph (e), for "Department of Community Services" substitute "Department of Human Services".

In sections 4A(5) and 7, for "Director-General" substitute "Secretary".

Public Sector Reform (Miscellaneous Amendments) Act 1998

Act No. 46/1998 Sch. 1

In section 9(1) and (2), for "Minister for Community Services"
substitute "Minister".
In section 10—

(a) in sub-section (2) omit "officer or";

(b) in sub-section (2A), for "a senior executive officer (within the meaning of the Public Sector Management Act 1992)" substitute "an executive within the meaning of the Public Sector Management and Employment Act 1998";

(c) in sub-section (3)—

(i) omit "officer or";

(ii) for "Director-General" substitute "Secretary";

(d) in sub-section (4), for "Director-General" substitute "Secretary".

In sections 13A(1), (5), (5A) and (7), 13C(2), (3), (4), (5) and (8), 13E,
16, 17(2), (3) and (5), 18, 19, 20, 21(1), 22 and 23, for "Director-

General" (wherever occurring) substitute "Secretary".

In section 24(1), for "officer of" substitute "employee in".

In section 26, for "Director-General" (wherever occurring) substitute

"Secretary".

In section 74C(6)(a), for "Education Department" substitute

"Department of Education".

In section 75 insert—

' "Secretary" in this Division means the Secretary to the Department

of State Development;'.

In section 77, for "Director-General" (wherever occurring) substitute
"Secretary".

In section 79(1)—

(a) for "officer" substitute "employee";

(b) for "Director-General" substitute "Secretary".

In section 149(d), for "officers" substitute "employees".

In sections 200A and 200AB(1), for "Director-General" substitute
"Secretary".

Public Sector Reform (Miscellaneous Amendments) Act 1998

Sch. 1 Act No. 46/1998

In section 201, for "Director-General or any officer of" substitute

"Secretary or any employee in".

Conservation, Forests and Lands Act 1987

In section 3(1)—

(a)	in the definition of "chief administrator", for "Public Sector Management Act 1992" substitute "Public Sector Management and Employment Act 1998";
(b)	for the definition of "Department" substitute—

' "Department" means the Department of Natural Resources and

Environment;'. After section 3(1) insert— '(2) If under the Public Sector Management and Employment Act

1998 the name of the Department of Natural Resources and
Environment is changed, a reference in the definition of
"Department" in sub-section (1) to that Department must, from the
date when the name is changed, be treated as a reference to the

Department by its new name.'.

In section 6—

(a)	for "Public Sector Management Act 1992" (wherever occurring) substitute "Public Sector Management and Employment Act 1998";
(b)	for "Department of Conservation and Natural Resources" (wherever occurring) substitute "Department of Natural Resources and Environment";

(c) in sub-section (7)—

(i) for "any person holding the office of" substitute "the";

(ii) omit "in office".

In section 8, for "Public Service Act 1974" substitute "Public Sector
Management and Employment Act 1998".
In section 11—

(a) in sub-section (1)(a)—

(i) omit "officer or";

(ii)  for "Public Sector Management Act 1992" substitute "Public Sector Management and Employment Act 1998";

(b) in sub-section (2)(a)—
(i) omit "officer or";

Public Sector Reform (Miscellaneous Amendments) Act 1998

Act No. 46/1998 Sch. 1

(ii)  for "Public Sector Management Act 1992" substitute "Public Sector Management and Employment Act 1998".

In section 12(3), for "Public Service Act 1974" substitute "Public
Sector Management and Employment Act 1998".

In section 67(2)—

(a) for "Chief Administrator" (where twice occurring) substitute "Administrative Office Head";

(b) for "Unit" substitute "Office";
(c) for "Unit's" substitute "Office's".
For section 67(3) substitute—
'(3) In this section—

"Administrative Office" means an Administrative Office within

the meaning of the Public Sector Management and
Employment Act 1998;

"Administrative Office Head", in relation to an Administrative

Office, means the person employed as the head of the
Administrative Office under the Public Sector
Management and Employment Act 1998.'.

In section 83(1)(a)—
(a) omit "officer or";
(b) omit "officers or".

Sections 104 and 105 are repealed.

Constitution Act 1975

In section 7A(2A)(d), for "Treasurer" substitute "Minister administering Part 7 of the Financial Management Act 1994".

In section 61, for "Public Service Act 1974" substitute "Public

Sector Management and Employment Act 1998".

For section 72(1) substitute—

"(1) A Government Printer for Victoria must be employed under Part 3 of the Public Sector Management and Employment Act 1998.".

After section 88 of the Constitution Act 1975 insert—

"88AA. Oath of office

If an oath of office is required to be taken by a person who accepts employment in the public service or who is otherwise required by or under this or any other Act to take an oath of office, the oath,

Public Sector Reform (Miscellaneous Amendments) Act 1998

Sch. 1 Sch. 1 Act No. 46/1998

unless the contrary intention appears, must be taken in the form set
out in Schedule 3.".

In section 94(2), for "Treasurer of Victoria" substitute "Minister administering Part 7 of the Financial Management Act 1994".

In section 95(2) omit "the Public Service Board the Chief Executive,

Ministry of Education the Police Discipline Board or other".

In section 95(3)(a), for "Public Service Act 1974" substitute "Public

Sector Management and Employment Act 1998".

After the Second Schedule insert—

" SCHEDULE 3

Section 88AA

OATH OF OFFICE

I (name of deponent) swear by almighty God that as (name of office) in the State of Victoria, I will at all times and in all things discharge the duties of (name of office) according to law and to the best of my knowledge and ability without fear, favour or affection.".

Consumer Affairs Act 1972

In section 5(5), for "Public Service Act 1974" substitute "Public

Sector Management and Employment Act 1998".

For section 9 substitute—
"9. Staff

Any employees that are necessary for the purposes of this Act may be employed under Part 3 of the Public Sector Management and Employment Act 1998.".

For section 62(1) substitute—

"(1) There may be employed under Part 3 of the Public Sector
Management and Employment Act 1998 persons to be
inspectors under this Act.".

In section 62(2)—

(i) for "officer" substitute "employee";

(ii)   omit ", either by name or by reference to the officer's or person's office only (in which case the holder for the time being of the office shall be authorized)".

Public Sector Reform (Miscellaneous Amendments) Act 1998

Act No. 46/1998 Sch. 1

In section 63(1), for "Secretary for Labour and Industry" substitute

"Secretary".

Co-operative Housing Societies Act 1958

In section 49(6), for "officer of" substitute "employee in".

In section 66(1), for "officer" (where secondly occurring) substitute

"employee".

Co-operatives Act 1996

In section 327(2) omit "officer or" (where twice occurring).

In section 427(3)(b) omit "officer or temporary".

In section 428, for "appointed under the Public Sector Management
Act 1992" substitute "employed under Part 3 of the Public Sector
Management and Employment Act 1998".

In section 430(1), for "Public Sector Management Act 1992" substitute "Public Sector Management and Employment Act 1998".

In section 431 omit "officer or" (where twice occurring).

Coroners Act 1985

In section 3—

(a) for paragraph (a) of the definition of "government body" substitute—

"(a) a department within the meaning of the Public Sector Management and Employment Act 1998 or an office specified in section 16(1) of that Act;";

(b) in paragraph (a) of the definition of "person held in care", for "Director-General of Community Services" substitute "Secretary to the Department of Human Services".

For section 9(2) substitute—

"(2) For the purpose of long service leave, a coroner who, immediately
before appointment, was an employee under Part 3 of the Public
Sector Management and Employment Act 1998 must, subject to
that Act, be taken to continue to be an employee under that Act
during the period of office as a coroner.".

In section 9(4), for "Public Sector Management Act 1992 (except Part
9 or in accordance with Part 8)" substitute "Public Sector
Management and Employment Act 1998 (except in accordance with
Part 7 of that Act)".

Public Sector Reform (Miscellaneous Amendments) Act 1998

Act No. 46/1998

In section 11(1), for "appointed under the Public Sector Management
Act 1992" substitute "employed under Part 3 of the Public Sector

Management and Employment Act 1998".

In section 69(3), for "Public Sector Management Act 1992 (except
Part 9 or in accordance with Part 8)" substitute "Public Sector
Management and Employment Act 1998 (except in accordance with

Part 7 of that Act)".

For section 71(2) substitute—

"(2) For the purpose of long service leave, an employee of the Institute
who, immediately before appointment, was an employee under
Part 3 of the Public Sector Management and Employment Act
1998 must, subject to that Act, be taken to continue to be an
employee under that Act while an employee of the Institute.".

Corporations (Victoria) Act 1990

Section 82 is repealed.

Corrections Act 1986

In section 3(1)—

(a)	in the definitions of "medical officer" and "principal medical officer", for "appointed" substitute "employed";
(b)	in the definition of "Secretary", for "Public Sector Management Act 1992" substitute "Public Sector Management and Employment Act 1998".

In section 8(1)—

(a) omit "officer or" (where first occurring);

(b) in paragraph (a), for "Public Sector Management Act 1992" substitute "Public Sector Management and Employment Act 1998".

In section 8A(1), for "the Public Sector Management Act 1992
appoint" substitute "Part 3 of the Public Sector Management and
Employment Act 1998 employ".

In section 9C(2)(b), for "Public Sector Management Act 1992" substitute "Public Sector Management and Employment Act 1998".

For section 9D(1) substitute—

"(1) There may be employed under Part 3 of the Public Sector
Management and Employment Act 1998 such monitors as are
necessary for the purposes of this Part.".

In section 9D(2) and (2A) for "appointed" substitute "employed".

Public Sector Reform (Miscellaneous Amendments) Act 1998

Act No. 46/1998 Sch. 1

In section 12—

(a) in sub-section (1), for "Subject to the Public Service Act 1974 there may be appointed" substitute "There may be employed under Part 3 of the Public Sector Management and Employment Act 1998";

(b) sub-sections (2) to (6) are repealed.

In section 16(2), for "Chief General Manager of the Department of

Health" substitute "Secretary to the Department of Human Services".

In section 63(7), for "Public Service Act 1974" substitute "Public
Sector Management and Employment Act 1998".

In section 84K(3), for "Public Sector Management Act 1992" substitute "Public Sector Management and Employment Act 1998".

In section 84L omit "officer or". occurring) substitute "Secretary".

Council of Adult Education Act 1981

In section 14(5), for "Public Service Act 1974" substitute "Public

Sector Management and Employment Act 1998".

For section 14(6) substitute—

"(6) Any officer of the Council, including the Director, who—

(a)	was immediately before his or her appointment an employee in the public service or a member of the teaching service; or
(b)	having formerly been an employee in the public service or a member of the teaching service, has since he or she ceased to be such an employee or member been continuously engaged or employed in some other office or capacity, being an office or capacity in which he or she was eligible to be employed in the public service or appointed to an office in the teaching
service upon the termination of such engagement or employment—

is entitled at the termination of his or her appointment by the
Council to be employed in the public service or appointed to an
office in the teaching service (as the case requires) with a
classification and emolument corresponding with or higher than
that which he or she last held or received in the public service or

Public Sector Reform (Miscellaneous Amendments) Act 1998

Sch. 1 Act No. 46/1998

teaching service as if his or her service with the Council and in
that other office or capacity (if any) had been service in the public

service or teaching service (as the case requires).".

In section 15—
(a) in sub-section (1)—

(i)  for "officers of" (wherever occurring) substitute "employees in";

(ii)  for "Education Department" substitute "Department of Education";

(b) in sub-section (2), for "officer of" substitute "employee in".

Country Fire Authority 1958

In section 3, in the definition of "administrative unit", for "Public
Sector Management Act 1992" substitute "Public Sector
Management and Employment Act 1998".

In section 7(1)(a), for "Minister for Conservation, Forests and Lands" substitute "Minister administering the Environment Protection Act 1970".

In section 9A(1), for "Public Sector Management Act 1992 (except
Part 9 or in accordance with Part 8)" substitute "Public Sector
Management and Employment Act 1998 (except in accordance with

Part 7 of that Act)".

For section 9A(2) substitute—

"(2) If any person appointed as chairman of the Authority was

immediately before his or her appointment an employee in the
public service, such person is eligible at the termination of his or
her term of office under this Act to be employed in the public
service with a classification and emolument corresponding with or
higher than that which he or she held or received immediately
before his or her appointment as the chairman of the Authority as
if the whole period of his or her service under this Act had been a
period of service in the public service.".

In section 9B(7), for "Public Sector Management Act 1992 (except
Part 9 or in accordance with Part 8)" substitute "Public Sector
Management and Employment Act 1998 (except in accordance with

Part 7 of that Act)".

For section 9B(8) substitute—

"(8) If any person appointed as deputy chairman of the Authority was
immediately before his or her appointment an employee in the
public service, such person is eligible at the termination of his or

Public Sector Reform (Miscellaneous Amendments) Act 1998

Act No. 46/1998 Sch. 1

her term of office under this Act to be employed in the public
service with a classification and emolument corresponding with or
higher than that which he or she held or received immediately
before his or her appointment as the deputy chairman of the
Authority as if the whole period of his or her service under this

Act had been a period of service in the public service.".

In section 21A, for "Minister for Conservation, Forests and Lands"
substitute "Minister administering the Environment Protection Act

1970".

In section 35, for "Chief General Manager of the Department of Health"
substitute "Secretary to the Department of Human Services".
In section 40(5)(c), for "Department of Conservation, Forests and
Lands" substitute "Department of Natural Resources and

Environment".

In section 74E omit "officer or".

In section 74F, for "Public Sector Management Act 1992 (including
Part 9)" substitute "Public Sector Management and Employment

Act 1998".

County Court Act 1958

In section 17A(4)(b), for "Public Service Act 1974" substitute

"Public Sector Management and Employment Act 1998".

In section 18(1), for "Public Service Act 1974" substitute "Public

Sector Management and Employment Act 1998".

In section 23(1), for "officers of" substitute "employees in".

In section 28A, for "Chief General Manager of the Department of

Health" substitute "Secretary to the Department of Human Services".

Credit (Administration) Act 1984

In section 18(4), for "Public Service Act 1974" substitute "Public

Sector Management and Employment Act 1998".

In section 36D(1), for "Subject to the Public Service Act 1974, there is
appointed" substitute "There is to be employed under Part 3 of the

Public Sector Management and Employment Act 1998".

In section 68(4), for "Public Service Act 1974" substitute "Public

Sector Management and Employment Act 1998".

In section 85K(1), for "Subject to the Public Service Act 1974, there is
appointed" substitute "There is to be employed under Part 3 of the

Public Sector Management and Employment Act 1998".

Crimes Act 1958

Public Sector Reform (Miscellaneous Amendments) Act 1998

Sch. 1 Sch. 1 Act No. 46/1998

In section 359(5), for "Treasurer" (where twice occurring) substitute
"Minister administering Part 7 of the Financial Management Act

1994".

In section 464(2), in paragraphs (c) and (d) of the definition of "held in
prison, police gaol, youth training centre or youth residential centre",
for "Director-General" substitute "Secretary".
In section 476B, for "Director-General of Community Services within
the meaning of the Community Services Act 1970" substitute
"Secretary within the meaning of the Children and Young Persons
Act 1989".

In section 506—

(a)	the definition of "Director-General of Community Welfare Services" is repealed;
(b)	insert— ' "Secretary" means the Secretary to the Department of Justice;'.

At the end of section 506 insert—

'(2) If under the Public Sector Management and Employment Act

reference in the definition of "Secretary" in sub-section (1) to that

1998 the name of the Department of Justice is changed, a treated as a reference to the Department by its new name.'.

In section 507—

(a)	in sub-section (1), for "Public Service Act 1974" substitute "Public Sector Management and Employment Act 1998";
(b)	in sub-section (6), for "Director-General of Community Welfare Services" substitute "Secretary to the Department of Human Services".

Crimes (Mental Impairment and Unfitness to be Tried) Act 1997

For section 61 substitute—

"61. Staff

Any employees that are necessary for the purposes of the Panel
may be employed under Part 3 of the Public Sector Management

and Employment Act 1998.".

In Schedule 1, in clauses 1(1)(d) and 2(1)(e) for "Public Sector
Management Act 1992" substitute "Public Sector Management and

Employment Act 1998".

Crown Land (Reserves) Act 1978

Public Sector Reform (Miscellaneous Amendments) Act 1998

Act No. 46/1998 Sch. 1

In section 4(1)(zc), for "Minister of Health" substitute "Minister
administering the Health Services Act 1988".

In section 11—

(a)	in sub-section (2), for "Minister of Education" substitute "Minister administering the Education Act 1958";
(b)	in sub-section (3), for "Minister of Public Instruction or the Minister of Education" substitute "Minister administering the Education Act 1958".

In section 24(2), for "Minister of Public Works and the Minister for
Conservation, Forests and Lands" substitute "Minister administering
the Planning and Environment Act 1987 and the Minister

administering the Crown Land (Reserves) Act 1978".

Dairy Industry Act 1992

In section 11—

(a) in sub-section (7), for "Public Service Act 1974" substitute "Public Sector Management and Employment Act 1998";

(b) in sub-section (8) omit "officer or".

In section 18(4), for "Public Service Act 1974" substitute "Public

Sector Management and Employment Act 1998".

Dangerous Goods Act 1985

In section 34(b), for "Public Service Act 1974" substitute "Public

Sector Management and Employment Act 1998".

Defence Reserves Re-Employment Act 1995

For section 12 substitute—
"12. Staff of Board

A secretary to the Board is, and any employees that are necessary for the proper functioning of the Board are, to be employed under Part 3 of the Public Sector Management and Employment Act 1998.".

Dentists Act 1972

In section 29(6)(b), for "Department of Health and Community

Services" substitute "Department of Human Services".

Disability Services Act 1991

Public Sector Reform (Miscellaneous Amendments) Act 1998

Act No. 46/1998

In section 3—

(a)	in the definition of "Minister for Community Services", omit "for Community Services";
(b)	in the definitions of "Organisation" and "Research and development activities", omit "for Community Services".

In section 4, for "Community Services" (wherever occurring) substitute

"Youth and Community Services".

In section 6—

(a) omit "for Community Services";

(b) for "Public Sector Management Act 1992" substitute "Public Sector Management and Employment Act 1998";

(c) for "officer or employee of" substitute "employee in".

In Schedule One omit "for Community Services".

Docklands Authority Act 1991

In section 14(3), for "Public Service Act 1974" substitute "Public

Sector Management and Employment Act 1998".

For section 14(4) substitute—

"(4) Any employees that are necessary for the purposes of this Act may be employed under Part 3 of the Public Sector Management and Employment Act 1998.".

In section 42(4), for "Public Service Act 1974" substitute "Public

Sector Management and Employment Act 1998".

For section 47(1) substitute—

"(1) A person who is a member of the Authority or its staff and who
was, immediately before that appointment, an employee in the
public service is entitled to be employed under Part 3 of the Public
Sector Management and Employment Act 1998 with a
classification, remuneration and leave entitlements corresponding
with or higher than those which the person last held or was entitled
to in the public service as if the service with the Authority were
service in the public service.".

In section 47(2), for "officer of" substitute "employee in".

Domestic Building Contracts and Tribunal Act 1995

In section 116—
(a) in sub-section (1) omit "officers and";

Public Sector Reform (Miscellaneous Amendments) Act 1998

Act No. 46/1998 Sch. 1

(b) Sector Management Act 1992" substitute "employed under Part

in sub-section (2), for "appointed or employed under the Public 1998".

In Schedule 1, in clause 3(5)(a), for "Public Sector Management Act 1992" substitute "Public Sector Management and Employment Act 1998".

Domestic (Feral Nuisance) Animals Act 1994

In section 3(1), for the definition of "Department" substitute—

' "Department" means the Department of Natural Resources and

Environment;'.

In section 3(2)—

(a)	for "Public Sector Management Act 1992" substitute "Public Sector Management and Employment Act 1998";
(b)	for "Department of Agriculture" substitute "Department of Natural Resources and Environment".

In section 6—

(a) omit "officer or";

(b) for "Public Sector Management Act 1992" substitute "Public Sector Management and Employment Act 1998".

For section 71 substitute—

"71. Appointment of authorised officers

The Minister may by instrument appoint as authorised officers any
specified employee or a specified class of employees employed
under Part 3 of the Public Sector Management and

Employment Act 1998.".

Drugs, Poisons and Controlled Substances Act 1981

In section 4—

(a) in the definition of "authorized officer", for "Chief General Manager" substitute "Secretary";

(b) the definition of "Chief General Manager" is repealed;

(c) insert—
' "Secretary" has the same meaning as in the Health Act 1958;'.

In sections 12A(4) (Schedule No. 9), 12I(1), 12L and 15(2)(a), for
"Chief General Manager" substitute "Secretary".

Public Sector Reform (Miscellaneous Amendments) Act 1998

Sch. 1 Act No. 46/1998

In section 15A—

(a) in sub-section (3) omit "officer or";

(b) in sub-section (4), for "Public Sector Management Act 1992 (except Part 9 or in accordance with Part 8)" substitute "Public Sector Management and Employment Act 1998 (except in accordance with Part 7 of that Act)".

"Secretary".

In section 15E(3) omit "officer or". substitute
In section 16(4) omit "officer or".

For section 18 substitute— "18. Officers of committee

A secretary to the committee and any employees that it is
necessary and expedient to employ for carrying out the objects and
purposes of this Act may be employed under Part 3 of the Public

Sector Management and Employment Act 1998.".

In sections 19(1), (3) and (5), 22(2), 22A(2), 22B, 22C, 31(1), (2), (4)
and (5), 33, 34, 35(1) and (2), 36 and 37(1), for "Chief General
Manager" (wherever occurring) substitute "Secretary".

In section 41—

(a)	in sub-section (1), for paragraphs (a) and (b) substitute— "(a) any employee in the public service;";
(b)	for "Chief General Manager" (wherever occurring) substitute "Secretary";
(c)	in sub-section (4), for "the holding of any other office in the public service or in the service of the Department of Health and Community Services" substitute "being employed in the public service".

In sections 55(1) and (3) and 56(1), (3), (6), (9), (10), (11) and (12), for "Chief General Manager" (wherever occurring) substitute "Secretary".

In section 69E(1), for "holding a position under the Public Sector Management Act 1992" substitute "employed under Part 3 of the Public Sector Management and Employment Act 1998".

Public Sector Reform (Miscellaneous Amendments) Act 1998

Act No. 46/1998 Sch. 1 Sch. 1

In sections 76(4) and (6), 80(6) and (7), 118, 119(f), for "Chief General

Manager" (wherever occurring) substitute "Secretary".

Education Act 1958

In section 3(1)—

(a)	the definitions of "Chief Executive", "Chief General Manager", "Director", "Minister" and "Regional General Manager" are repealed;
(b)	insert— ' "Secretary" means Secretary to the Department of Education;'.

After section 3(1) insert—

'(1A) If under the Public Sector Management and Employment Act

reference in the definition of "Secretary" in sub-section (1) to that

1998 the name of the Department of Education is changed, a treated as a reference to the Department by its new name.'.

In section 4—
(a) sub-sections (2) to (10) are repealed;

(b) in sub-section (11)—

(i) for "Chief Executive" substitute "Secretary";

(ii)  omit "the Chief General Manager and" (where twice occurring);

(iii)  for "Ministry of Education" (where twice occurring) substitute "Department of Education";

(c) in sub-section (12)—

(i)  for "Chief Executive" (where twice occurring) substitute "Secretary";

(ii) omit "the Chief General Manager or";

(iii)  for "Ministry of Education" (where twice occurring) substitute "Department of Education";

(iv) for "chief administrator" substitute "Department Head".

Section 4A is repealed.
In section 5—

(a) in sub-sections (1) and (3), for "Chief Executive" (wherever occurring) substitute "Secretary";

Public Sector Reform (Miscellaneous Amendments) Act 1998

Sch. 1 Act No. 46/1998

(b) in sub-section (2), for "Public Service Act 1974" substitute "Public Sector Management and Employment Act 1998".

In sections 5A, 6(1) and 7, for "Chief Executive" (wherever occurring)

substitute "Secretary".

Sections 12B and 12C are repealed.

In section 13(10), for "Director" (where twice occurring) substitute

"Secretary".

In section 14(2), for "Director-General" substitute "Secretary".

In sections 14B, 15F(2), 15FA(1) and (4), 15K, 15L(1), 15M and
15Q(1), for "Director" (wherever occurring) substitute "Secretary".
In section 16(4) and (6), for "Chief Executive" (wherever occurring)

substitute "Secretary".

In section 20A(1)(b)(i), for "Minister of Education" substitute

"Minister".

In sections 25(3), (4), (5), (6) and (7) and 25A(2), for "Director"
(wherever occurring) substitute "Secretary".

In section 28—

(a) in sub-section (1), for "Ministry of Education" substitute "Department of Education";

(b) in sub-section (3)(e)— (i) omit "the Public Service Board or" (where first occurring);

(ii)  for "Chief Executive" (where first occurring) substitute "Secretary";

(iii)  for all words and expressions after "Superannuation Act 1988" substitute "to be employed in the public service or appointed to an office in the teaching service (as the case requires) with an emolument corresponding with or higher

than that which he or she received in such institution or
school and with such classification as the Secretary deems
proper.".

In section 29A(1), (3) and (4), for "Minister of Education" (wherever

occurring) substitute "Minister".

In section 34A, in paragraph (e) of the definition of "school work"—
(a) omit "the Regional General Manager or";
(b) for "Chief Executive" substitute "Secretary".
In section 36(2)—

Public Sector Reform (Miscellaneous Amendments) Act 1998

Act No. 46/1998 Sch. 1

(a)	for "Chief Executive" (where twice occurring) substitute "Secretary";
(b)	in paragraph (a), for "Ministry of Education" substitute "Department of Education".

In section 48(2), for "Ministry of Education" substitute "Department of

Education".

In section 52A, for "Director" substitute "Secretary".

In section 52C(3), for "Public Sector Management Act 1992 (except
Part 9 or in accordance with Part 8)" substitute "Public Sector
Management and Employment Act 1998 (except in accordance with

Part 7 of that Act)".

In sections 64(2) and 64M(3), for "Director-General" substitute

"Secretary".

In section 65(10)—

(a) after "officer" insert "or employee";

(b) for "Ministry of Education" substitute "Department of Education".

In section 78, for "Directorate of School Education" substitute

"Department of Education".

In section 81A(a), for "Director" substitute "Secretary".

Electoral Boundaries Commission Act 1982

In section 12(1)(a), for "Department of Property Services" substitute

"Department of Natural Resources and Environment".

Electricity Industry Act 1993

In section 41F(2), for "Public Sector Management Act 1992" substitute "Public Sector Management and Employment Act 1998".

In section 45(1) and (2), for "Department of Conservation and Natural
Resources" substitute "Department of Natural Resources and
Environment".

In section 48(5), for "Public Sector Management Act 1992" substitute "Public Sector Management and Employment Act 1998".

In section 49A(4), for "Public Sector Management Act 1992" substitute "Public Sector Management and Employment Act 1998".

In section 60(2), for "Public Sector Management Act 1992 (except Part 9)" substitute "Public Sector Management and Employment Act 1998".

Public Sector Reform (Miscellaneous Amendments) Act 1998

Sch. 1 Act No. 46/1998

In Schedule 1, in clause 4(2), for "Public Sector Management Act
1992" substitute "Public Sector Management and Employment Act

1998".

Electricity Safety Act 1998

In section 13(2), for "Public Sector Management Act 1992 (except Part 9)" substitute "Public Sector Management and Employment Act 1998".

In Schedule 1, in clause 4, for "Public Sector Management Act 1992" substitute "Public Sector Management and Employment Act 1998".

Emerald Tourist Railway Act 1977

In section 8(2), for "Minister of Transport" substitute "Minister administering the National Rail Corporation (Victoria) Act 1991".

In section 30(1)(a), for "Department of the Treasury" substitute

"Department of Treasury and Finance".

Emergency Management Act 1986

In section 16(4)(a), for "Department of Conservation, Forests and
Lands" substitute "Department of Natural Resources and

Environment".

Emergency Services Superannuation Act 1986

In section 20(1)(b), for "Treasurer" substitute "Minister".

Environment Conservation Council Act 1997

In section 8(5), for "Public Sector Management Act 1992 (except Part
9 or in accordance with Part 8)" substitute "Public Sector
Management and Employment Act 1998 (except in accordance with

Part 7 of that Act)".

Environment Effects Act 1978

In section 2—

(a) in the definition of "Secretary", for "for Planning and Environment" substitute "to the Department of Natural Resources and Environment";

(b) the definition of "the Minister" is repealed.

At the end of section 2 insert—

'(2) If under the Public Sector Management and Employment Act

1998 the name of the Department of Natural Resources and
Environment is changed, a reference in the definition of
"Secretary" in sub-section (1) to that Department must, from the

Public Sector Reform (Miscellaneous Amendments) Act 1998

Act No. 46/1998 Sch. 1

date when the name is changed, be treated as a reference to the

Department by its new name.'.

Environment Protection Act 1970

In section 6(6)(b)(ii), for "officers of the public service under the
Public Service Act 1974" substitute "employees under Part 3 of the

Public Sector Management and Employment Act 1998".

In section 7(5), for paragraph (b) substitute—

"(b) was immediately before that appointment employed in the public service or having formerly been employed in the public service, is employed in any capacity in which that person was eligible to be

employed in the public service—

(i)   is eligible to be employed in the public service at the termination of that appointment with a classification and emolument corresponding with or higher than that which that person held or received in the public service immediately before that appointment as if the service in such appointment or appointments had been service in the public service; and

(ii)   for the purposes of long service leave, is to be taken to continue to be an employee in the public service for the period of that appointment;".

In section 7(7), for "Public Sector Management Act 1992 (except Part
9)" substitute "Public Sector Management and Employment Act
1998".

In section 10(2), for "Public Sector Management Act 1992 (except Part 9)" substitute "Public Sector Management and Employment Act 1998".

In section 13(1), paragraph (h)(i) is repealed.

For section 14(1) substitute—

"(1) Any employees that are necessary for the purposes of this Act may be employed under Part 3 of the Public Sector Management and Employment Act 1998.".

In sections 19B(3)(a)(ii), (4) and (5)(b), 20(8)(a)(ii), (c) and (d)(ii), 20A(6) and 28(2), for "Chief General Manager of the Department of Health" (wherever occurring) substitute "Secretary to the Department

of Health".

In section 48A(1), in the definition of "court officer", for "Secretary to
the Attorney-General's Department" substitute "Secretary to the

Department of Justice".

In section 49E—

Public Sector Reform (Miscellaneous Amendments) Act 1998

Sch. 1 Act No. 46/1998

(a) in sub-section (2), for "Public Sector Management Act 1992 (except Part 9)" substitute "Public Sector Management and Employment Act 1998";

(b) sub-section (4) is repealed.

In section 68(5), for "Treasurer of Victoria" substitute "Minister administering Part 7 of the Financial Management Act 1994".

Equal Opportunity Act 1995

In section 4, in paragraph (b) of the definitions of "employee" and
"employment" for "Public Sector Management Act 1992" substitute
"Public Sector Management and Employment Act 1998".

In section 84(a), for "Public Sector Management Act 1992" substitute "Public Sector Management and Employment Act 1998".

In section 164(3), for "Public Sector Management Act 1992 (except
Part 9 or in accordance with Part 8)" substitute "Public Sector
Management and Employment Act 1998 (except in accordance with

Part 7 of that Act)".

In section 169—
(a) in sub-section (1) omit "officer or";

(b) sub-section (3) is repealed.

In section 172A, for "appointed or employed under the Public Sector
Management Act 1992" substitute "employed under Part 3 of the

Public Sector Management and Employment Act 1998".

In section 174(3), for "Public Sector Management Act 1992 (except
Part 9 or in accordance with Part 8)" substitute "Public Sector
Management and Employment Act 1998 (except in accordance with

Part 7 of that Act)".

Section 177(2) is repealed.

In section 185(3), for "Public Sector Management Act 1992 (except
Part 9 or in accordance with Part 8)" substitute "Public Sector
Management and Employment Act 1998 (except in accordance with

Part 7 of that Act)".

Section 187(2) is repealed.

For section 191 substitute—

"191. Registrar and staff

Public Sector Reform (Miscellaneous Amendments) Act 1998

Act No. 46/1998

A registrar of the Tribunal and any other employees that are
necessary for the purposes of administering this Act are to be
employed under Part 3 of the Public Sector Management and

Employment Act 1998.".

Estate Agents Act 1980

In section 4, in the definition of "residential property" for "Public
Sector Management Act 1992" substitute "Public Sector
Management and Employment Act 1998".

In section 5(1)(b), for "Department of Conservation and Environment" substitute "Department of Natural Resources and Environment".

In section 6(4)(c), for "Public Sector Management Act 1992" substitute "Public Sector Management and Employment Act 1998".

For section 7E(1) substitute—

"(1) Any employees that are necessary for the purposes of this Act may be employed under Part 3 of the Public Sector Management and Employment Act 1998.".

In section 91C(4), for "Public Sector Management Act 1992" substitute "Public Sector Management and Employment Act 1998".

In sections 4(1)(g), 6(4), 22(3) and (4), 25(1) and 36, for "Treasurer"
(wherever occurring) substitute "Minister".
In section 38(1)(a), for "chief administrator of any administrative unit"

substitute "department head of any department".

In section 40(2)(b), for "Treasurer" substitute "Minister".

Travel Agents Act 1986

In 51(3), for "Public Service Act 1974" substitute "Public Sector

Management and Employment Act 1998".

For section 68(1) substitute—

"(1)	A Licensing Registrar of the Authority who shall be a duly qualified legal practitioner and any other Deputy Licensing Registrars and other employees that are necessary for the purposes
of this Part are to be employed under Part 3 of the Public Sector Management and Employment Act 1998.".

Treasury Corporation of Victoria Act 1992

In section 3, in paragraph (b) of the definition of "public authority", for

"officers of" substitute "employees in".

In section 12(2), for "Public Service Act 1974" substitute "Public

Sector Management and Employment Act 1998".

In section 13, for "officer of" substitute "employee in".

Tribunals and Licensing Authorities (Miscellaneous Amendments) Act
1998

In clause 8 of Schedule 2, for "Public Sector Management Act 1992" substitute "Public Sector Management and Employment Act 1998".

Trustee Act 1958

Public Sector Reform (Miscellaneous Amendments) Act 1998

Sch. 1 Act No. 46/1998

In sections 3A(3), (4) and (5), 3AC(1) (in the definition of "approved indemnity"), 3AD and 3AE(2), for "Attorney-General" (wherever occurring) substitute "Minister".

Trustee Companies Act 1984

In sections 4(1) (in the definition of "financial institution") and (4), 5(3)
and (4), 7(1) to (5), 8(1) and (3), 27(1), 30(2), 35(1), (3), (4) and (5),
45(3)(c) and (5), 46(c), 48(1) and (3) and 52(5), for "Attorney-General"

(wherever occurring) substitute "Minister".

TT-Line Gaming Act 1993

In section 11(1), after "Treasurer" insert "or Minister".

Unclaimed Moneys Act 1962

In section 10(1) and (2), for "officer" substitute "employee".

Urban Land Corporation Act 1997

In Schedule 1, in clause 3(2), for "Public Sector Management Act
1992" substitute "Public Sector Management and Employment Act

1998".

Valuation of Land Act 1960

For section 3(1) substitute—

"3. Valuer-general and other employees

(1) A valuer-general, a deputy valuer-general and any employees that are required for the administration of this Act are to be employed under Part 3 of the Public Sector Management and

Employment Act 1998.".

In section 3—
(a) in sub-section (4) omit "officer or";

(b) in sub-section (5)(a), for "permanent head" substitute "Department Head".

In section 3A(1) and (3), after "appointed" substitute "or employed".
In section 7(1)—
(a) after "appointed" insert "or employed";
(b) after "officer" insert "or employee".

In section 8(1), after "appointed" insert "or employed".

Very Fast Train (Route Investigation) Act 1989

In sections 7(3)(b), 12(1) and 21(a), for "Department of Transport" substitute "Department of Infrastructure".

Public Sector Reform (Miscellaneous Amendments) Act 1998

Act No. 46/1998 Sch. 1

Veterinary Practice Act 1997

In section 54—

(a) in sub-section (2)—

(i) omit "officer or";

(ii)  for "Public Sector Management Act 1992" substitute "Public Sector Management and Employment Act 1998";

(b) sub-section (5) is repealed.

In section 64(3), for "Public Sector Management Act 1992 (except
Part 9 or in accordance with Part 8)" substitute "Public Sector
Management and Employment Act 1998 (except in accordance with

Part 7 of that Act)".

In section 68—

(a) in sub-section (1)—

(i) omit "officer or";

(ii)  for "Public Sector Management Act 1992" substitute "Public Sector Management and Employment Act 1998";

(b) sub-section (3) is repealed.

Victims of Crime Assistance Act 1996

In section 23, for "Subject to the Public Sector Management Act 1992 there may be appointed" substitute "There may be employed under Part 3 of the Public Sector Management and Employment Act 1998".

In section 36(2)(c), for "member of staff within the meaning of the
Public Sector Management Act 1992" substitute "a person employed
under Part 3 of the Public Sector Management and Employment Act
1998".

In Schedule 1, in clause 3, for "Public Sector Management Act 1992" substitute "Public Sector Management and Employment Act 1998".

Victoria Grants Commission Act 1976

In section 3(5), for "Public Service Act 1974" substitute "Public

Sector Management and Employment Act 1998".

For section 9 substitute—

"9. Staff

A secretary and any other employees that are necessary to assist
the Commission in carrying out its functions under this Act are to

Public Sector Reform (Miscellaneous Amendments) Act 1998

Sch. 1 Act No. 46/1998

be employed under Part 3 of the Public Sector Management and

Employment Act 1998.".

Victoria State Emergency Service Act 1987

In section 3, in paragraph (b) of the definition of "Government agency",

after "officer" insert "or employee".

In section 4(b), for "officers and employees appointed" substitute

"persons employed".

For section 7 substitute—

"7. Staff

Any employees that are necessary to carry this Act into effect may be employed under Part 3 of the Public Sector Management and Employment Act 1998.".

In section 8, for "officer of" substitute "employee in".
In section 17—
(a) for "An officer" substitute "A";
(b) omit "officer," (where secondly and thirdly occurring).
In section 18, for "an officer" substitute "a".
In section 20 omit "officer or".
In section 20A(c) omit "officer or".
In section 31—
(a) in sub-section (1)(da) omit "officers and";

(b) in sub-section (2)(c) omit "officers or".

Victorian Arts Centre Act 1979

In section 14(4), for "Public Service Act 1974" substitute "Public

Sector Management and Employment Act 1998".

Victorian Civil and Administrative Tribunal Act 1998

In section 16(3), for "Public Sector Management Act 1992 (including
Part 9)" substitute "Public Sector Management and Employment

Act 1998".

In section 32(1), for "appointed or employed under the Public Sector
Management Act 1992" substitute "employed under the Public
Sector Management and Employment Act 1998".

Public Sector Reform (Miscellaneous Amendments) Act 1998

Sch. 1 Sch. 1

Act No. 46/1998

In section 62(2), for "Public Sector Management Act 1992" (where
twice occurring) substitute "Public Sector Management and
Employment Act 1998".

In section 153(4), for "Public Sector Management Act 1992" substitute "Public Sector Management and Employment Act 1998".

Victorian College of Agriculture and Horticulture Act 1982

Section 8 is repealed.

Victorian Funds Management Corporation Act 1994

In section 13(3), for "Public Sector Management Act 1992 (except Part 9)" substitute "Public Sector Management and Employment Act 1998".

Victorian Institute of Marine Sciences Act 1974

In section 2, in the definition of "Secretary", for "Department of Conservation and Natural Resources" substitute "Department of Natural Resources and Environment".

At the end of section 2 insert—

'(2) If under the Public Sector Management and Employment Act

1998 the name of the Department of Infrastructure is changed, the reference in the definition of "Secretary" in sub-section (1) to that Department must, from the date when the name is changed, be

treated as a reference to the Department by its new name.'.

In section 9(3), for "Public Sector Management Act 1992 (including
Part 9)" substitute "Public Sector Management and Employment
Act 1998".

In section 17A, for "officer of the Department of Conservation and
Natural Resources" substitute "employee in the Department of Natural

Resources and Environment".

Victorian Managed Insurance Authority Act 1996

In section 3, in the definition of "department"—

(a) for "Public Sector Management Act 1992" substitute "Public Sector Management and Employment Act 1998";

(b) for "section 17(1)" substitute "section 16(1)".

In section 11(4), for "Public Sector Management Act 1992 (except Part 9)" substitute "Public Sector Management and Employment Act 1998".

Victorian Multicultural Commission Act 1993

Public Sector Reform (Miscellaneous Amendments) Act 1998

Sch. 1 Act No. 46/1998

In section 7(5)(a), for "Public Sector Management Act 1992" substitute "Public Sector Management and Employment Act 1998".

Victorian Plantations Corporation Act 1993

In section 6 and item 10 in Schedule 4, for "Department of
Conservation and Natural Resources" substitute "Department of

Natural Resources and Environment".

For section 27K substitute—

"27K. Appointment of registrar

There is to be a registrar of plantation licences employed under
Part 3 of the Public Sector Management and Employment Act

1998.".

Victorian Relief Committee Act 1958

For section 6A(2) substitute—

"(2) In determining the terms and conditions of employment of a

member of staff, the Committee must have regard to the terms and
conditions of employment of a person employed under Part 3 of
the Public Sector Management and Employment Act 1998
performing duties similar to those performed by that member of
staff.".

Vocational Education and Training Act 1990

In section 13(2), for "Public Sector Management Act 1992 (except Part 9)" substitute "Public Sector Management and Employment Act 1998".

In section 19, for sub-section (1) substitute—

"(1) A Director and any other employees that are necessary for the
purposes of this Act may be employed under Part 3 of the Public
Sector Management and Employment Act 1998.".

In section 92—

(a) in sub-section (1), for "officer or employee appointed" substitute "person employed";

(b) in sub-section (2), for "officer" substitute "employee".

In Schedule 2, in clause 13(1), for "Part 4 of the Public Sector
Management Act 1992" substitute "Part 3, Division 5 of the Public

Sector Management and Employment Act 1998".

Warehousemen's Liens Act 1958

Public Sector Reform (Miscellaneous Amendments) Act 1998

Act No. 46/1998

In section 10(8)—

(a)	for "the Treasurer" (where first occurring) substitute "the Minister administering Part 7 of the Financial Management Act 1994";
(b)	for "the Treasurer" (where secondly occurring) substitute "that Minister".

Water Act 1989

In section 3(1)—

(a)	in the definition of "department", for "Water Resources" substitute "Natural Resources and Environment";
(b)	in the definition of "Director-General", for "Conservation and Natural Resources" substitute "Natural Resources and Environment".

After section 3(1) insert—

'(1A) If under the Public Sector Management and Employment Act

Environment is changed, the reference in the definition of
"department" and "Director-General" in sub-section (1) to that

1998 the name of the Department of Natural Resources and treated as a reference to the Department by its new name.'.

In section 89—

(a) for "appoint" (wherever occurring) substitute "employ";

(b) for "appointed" substitute "employed".

In section 108(2)(b), for "Public Sector Management Act 1992 (including Part 9)" substitute "Public Sector Management and Employment Act 1998".

In sections 202(f), 206(1)(c), 216(2) and 218(4)(b), for "Secretary for
Planning and Environment" substitute "Secretary to the Department of

Infrastructure".

In section 273B(10)(b), for "in the area under the Public Sector
Management Act 1992" substitute "in a municipal council referred to
in the Schedule to the Public Holidays Act 1993".

In section 284, for "Treasurer" (where twice occurring) substitute "Minister administering Part 7 of the Financial Management Act 1994".

In section 318(3), for "Public Sector Management Act 1992
(including Part 9)" substitute "Public Sector Management and
Employment Act 1998".

Public Sector Reform (Miscellaneous Amendments) Act 1998

Sch. 1 Sch. 1 Act No. 46/1998

For section 323(1) substitute—

"(1)

If a person ceases to be an officer of an Authority and that
person—

(a)	was immediately before his or her appointment as an officer of the Authority an employee in the public service; and
(b)	has continuously been an officer of the Authority since he or she ceased to be an employee in the public service—

the person is entitled to be employed in the public service with a classification and emolument corresponding with or higher than those which he or she last held or received in the public service immediately before his or her appointment as an officer of an

Authority as if the period of service as an officer of an Authority had been service in the public service and, for the purpose of long service leave, that person must be taken to have been an employee in the public service during the period of his or her service as an

officer of an Authority.".

In Schedule 1, in clause 2, for "Public Sector Management Act 1992
(including Part 9)" substitute "Public Sector Management and
Employment Act 1998".

Water Industry Act 1994

In section 37(1), for "Public Sector Management Act 1992" substitute "Public Sector Management and Employment Act 1998".

In section 55(5) and (7), for "Department of Conservation and Natural
Resources" substitute "Department of Natural Resources and
Environment".

In section 114(2)(b), for "Public Sector Management Act 1992" substitute "Public Sector Management and Employment Act 1998".

In section 116(2), for "Public Sector Management Act 1992" substitute "Public Sector Management and Employment Act 1998".

In section 132(4) and (6), for "Department of Conservation and Natural
Resources" substitute "Department of Natural Resources and

Environment".

Wildlife Act 1975

In sections 32(2), 33(2) and 34(2), for "Minister of Water Supply"
substitute "Minister administering the Water Act 1989".

In section 87(7), for "Public Sector Management Act 1992" substitute "Public Sector Management and Employment Act 1998".

Workers Compensation Act 1958

Public Sector Reform (Miscellaneous Amendments) Act 1998

Act No. 46/1998

In section 43(2)—

(a) for "Crown Solicitor" (where twice occurring) substitute "Victorian Government Solicitor";

(b) omit "at the Crown Law Offices in Melbourne".

In section 99, for "Treasurer" substitute "Minister".

Young Farmers' Finance Council Act 1979

In section 3, for the definition of "Department", substitute—

' "Department" means a department within the meaning of the Public Sector Management and Employment Act 1998;'.

Zoological Parks and Gardens Act 1995

In section 9(2)(a), for "Secretary of the Department of Conservation and
Natural Resources" substitute "Secretary to the Department of Natural

Resources and Environment".

In Schedule 2, in clause 1(4), for "Public Sector Management Act
1992 (except Part 9 or in accordance with Part 8)" substitute "Public
Sector Management and Employment Act 1998 (except in

accordance with Part 7 of that Act)".

__________________
Public Sector Reform (Miscellaneous Amendments) Act 1998

Sch. 2 Act No. 46/1998

SCHEDULE 2

TRANSITIONAL PROVISIONS

Section 8

1. Definitions

In this Schedule—

"commencement day" means the day on which the

provisions of the new Act, other than Part 1, come

into operation;

"former Act" means Public Sector Management Act

1992;

"former Regulations" means the Public Sector

Management Regulations 1993;

"new Act" means Public Sector Management and

Employment Act 1998;

"Public Service Commissioner" means Public Service

Commissioner under Part 3 of the former Act.

2. General transitional provision

(1)	This Schedule does not affect or take away from the Interpretation of Legislation Act 1984.
(2)	If a provision of the former Act continues to apply by force of this Schedule, the following provisions also continue to apply in relation to that provision—

(a) any other provision of the former Act necessary to

give effect to that continued provision; and

(b) any provision of the former Regulations made for the purposes of that continued provision.

3. Existing public service staff

(1) A person holding an office or position or employed in the
public service under the former Act immediately before the
commencement day, or who by force of the former Act is
taken to be holding such an office or position or to be so
employed, must, on that day, be taken to be employed under
Part 3 of the new Act, with the same classification, duties
and remuneration, and subject to the same industrial award

Public Sector Reform (Miscellaneous Amendments) Act 1998

Act No. 46/1998 Sch. 2

or agreement or, as the case requires, contract of
employment under Part 4 of the former Act, and with the
same rights to leave of absence and accrued or accruing
entitlements, as applied to the person or his or her office,
position or employment under the former Act immediately

before that day.

(2) A person employed under Part 9A of the former Act

immediately before the commencement day must, on that day, be taken to be employed under Part 8 of the new Act, with the same classification, duties and remuneration, and subject to the same agreement or contract, and with the
same rights to leave of absence and accrued or accruing
entitlements, as applied to the person or his or her
employment under Part 9A of the former Act immediately

before that day.

(3) A person employed under Part 9B of the former Act

immediately before the commencement day must, on that day, be taken to be employed under Part 9 of the new Act, with the same classification, duties and remuneration, and subject to the same agreement or contract, and with the
same rights to leave of absence and accrued or accruing
entitlements, as applied to the person or his or her
employment under Part 9B of the former Act immediately

before that day.

(4) A person on probation under the former Act immediately

before the commencement day continues on probation under

the new Act for the balance of the probation period.

(5) The repeal of the former Act does not prevent any of the
terms and conditions of employment of a person holding an
office or position or employed in the public service under
the former Act, or employed under Part 9A or 9B of the
former Act, immediately before the commencement day
from being altered by or under any law, award or agreement
with effect from any time after that day.

(6) Except as otherwise provided by this Schedule, the new Act applies to a person who is taken by virtue of a provision of this clause to be employed under a Part of the new Act in

the same way as it applies to persons actually employed

under that Part.

4. Vacancies

Public Sector Reform (Miscellaneous Amendments) Act 1998

Sch. 2 Act No. 46/1998

Any process to fill a vacancy begun under Part 2 of the former Regulations but not completed at the commencement day may be continued and completed in accordance with those Regulations.

5. Public service structure

(1) Departments under the former Act with titles corresponding to the titles of Departments in an Order made under section 10 of the new Act and in force on the commencement day

must be taken to be those Departments on the
commencement day.

(2) Administrative Offices under the former Act with titles

corresponding to the titles of Administrative Offices in an
Order made under section 11 of the new Act and in force on
the commencement day must be taken to be those
Administrative Offices on the commencement day.

6. Public Service Commissioner

The person holding office as Public Service Commissioner immediately before the commencement day holds office on and from that day as Commissioner for Public Employment as if he or she had been appointed as Commissioner for

Public Employment under Part 5 of the new Act for the
balance of his or her term of appointment as Public Service

Commissioner under the former Act.

7. Superseded references

On and from the commencement day unless the context otherwise requires, in any Act (other than this Act or the new Act or a provision of an Act amended by this Act), or

in any instrument made under any Act or in any other

document of any kind—

(a) a reference to the Public Service Board (or the

Chairman or a member or the secretary of that Board) must be read as a reference to the Public Employment Minister;

(b)	a reference to the Public Service Commissioner must be read as a reference to the Commissioner for Public Employment;
(c)	a reference to the Public Service Act 1958, the Public Service Act 1974 or the Public Sector Management Act 1992 must be read as a reference to

the new Act;

Public Sector Reform (Miscellaneous Amendments) Act 1998

Act No. 46/1998 Sch. 2

(d)	a reference to an Administrative Unit (except one specified in Schedule Three A to the Public Service Act 1974) must be read as a reference to a Department;
(e)	a reference to an Administrative Unit specified in Schedule Three A to the Public Service Act 1974 must be read as a reference to an office specified in section 16(1) of the new Act;
(f)	a reference to an Associated Administrative Unit must be read as a reference to an Administrative Office;
(g)	a reference to the Chief Administrator (of an Administrative Unit) must be read as a reference to a Department Head;
(h)	a reference to a Chief Administrator (of an Associated Administrative Unit) must be read as a reference to an Administrative Office Head;

(i)  a reference to a person performing the functions of a Department Head in relation to an Administrative Office must be read as a reference to an Administrative Office Head;

(j)	a reference to an office or position (in relation to the public service) must be read as a reference to employment under Part 3 of the new Act;
(k)	a reference to an officer, employee, fixed term employee, temporary employee, casual employee or cadet (in the public service) must be read as a reference to an employee under Part 3 of the new Act.

8. Re-employment in public sector

A provision of Part 9 of the former Act, despite its repeal, continues to apply to any person to whom it applied immediately before the commencement day (whether by reason of a provision of that or any other Act) in respect of an office, position or employment held by that person immediately before that day as if it had not been repealed.

9. Personal grievances and discipline

Any process, review or inquiry begun under Part 11 or 12 of the former Regulations but not completed at the

Public Sector Reform (Miscellaneous Amendments) Act 1998

Sch. 2 Act No. 46/1998

commencement day may be continued and completed in

accordance with those Regulations.

10. Compulsory retirement

Any action begun under section 33 of the former Act in relation to an employee but not completed before the commencement day has effect as if taken by the appropriate Agency Head or the Public Employment Minister (as the case requires) under section 34 of the new Act, and may be continued and completed on and after that day accordingly.

11. Leave

Schedule 4 to the former Act, as in force immediately before the commencement day, continues to apply to officers of the Parliament as defined in the Parliamentary Officers Act

1975 as if references in that Schedule to the appropriate as defined in that Act.

12. Continuing application of repealed provision

Clause 1(c) of Schedule 1 to the Employee Relations Act
1992 as continued in effect by the Workplace Relations Act
1996 of the Commonwealth applies in relation to
employees, Ministerial officers, Parliamentary advisers and
judicial employees as if any reference to an award were a
reference to a provision referred to in clause 22(1) of

Schedule 6 to the Public Sector Management Act 1992.

13. Continuation of application of reporting requirements

Sections 11, 12 and 13 of the Public Authorities (Equal Employment Opportunity) Act 1990 continue to apply in respect of the financial year ending on 30 June 1998 as if that Act had not been repealed by this Act.

═══════════════
Public Sector Reform (Miscellaneous Amendments) Act 1998

Act No. 46/1998 Notes

NOTES

†

Minister's second reading speech—

Legislative Assembly: 23 April 1998

Legislative Council: 19 May 1998

The long title for the Bill for this Act was "to amend the Administrative
Arrangements Act 1983, to repeal the Public Authorities (Equal
Employment Opportunity) Act 1990 and the Public Sector
Management Act 1992 and to provide for consequential and transitional
matters arising from the repeal of the Public Sector Management Act
1992 and the enactment of the Public Sector Management and

Employment Act 1998 and for other purposes."

Constitution Act 1975:

Absolute majorities:

Legislative Assembly: 15 May 1998

Legislative Council: 20 May 1998