Valuation of Land (Amendment) Act 1980 (NSW)

VALUATION OF LAND (AMENDMENT) ACT,

1980, No. 137

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ANNO VICESIMO NONO

ELIZABETM/E II KEGINT:

Act No. 137, 1980.

An Act to amend the Valuation of Land Act, 1916, with respect to the ollice of the Valuer-General and the disclosure and misuse of certain information; and in certain other respects. [Assented to, 9th December, 1980.1

Act No. 137, 1980.

Valuation of Land {Amendment).

BE it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

Short 1. This Act may be cited as the “Valuation of Land

title. (Amendment) Act, 1980”.

Amendment	2.	The Valuation of Land Act, 1916, is amended—
of Act
No. 2,
1916.
Sec. 3.	(a) by inserting in section 3 after the matter relating to Part

(Division

VII the following matter :—

into

Parts.)

SCHEDULE	1.— P r o v i s i o n s R e l a t i n g	t o t h e
V a l u e r - G e n e r a l .

Sec. 8. (b) by omitting section 8 (2) and (3) and by inserting

(Vainer-	instead the following subsection : —
General.)

(2) Schedule 1 has effect in respect of the Valuer-

General.

Sec. 1 1. (c) by omitting section 11 and by inserting instead the

following section ;—

Disclosure	11. (1) A person shall not disclose any information
and misuse

of certain	obtained in connection with the administration or execu­
informalion.	tion of this Act unless that disclosure is made—

(a)	with the consent of the person from whom the information w'as obtained;
(b)	in connection with the administration or execution of this Act;
(c)	for the purposes of any legal proceedings arising out of this Act or of any report of any such proceedings;

Act No. 137, 1980.

Valuation of Land {Amendment).

(d) in accordance with a requirement imposed under the Ombudsman Act, 1974; or

(e) with other lawful excuse.

(2) A person acting in the administration or execution of this Act shall not use, either directly or indirectly, information acquired by him in that capacity, being information that is not generally known but if generally known might reasonably be expected to affect materially the market value or price of any land, for the purpose of gaining either directly or indirectly any advantage for himself.

Penalty : $2,000.

(d) by inserting after .section 80 the following section Sec. 80a.

80a. Any penalty imposed by this Act or the regula- Proceedings tions may be recovered in a summary manner before a forrecoyery court of petty sessions constituted by a stipendiary to be heard magistrate sitting alone. summarily.

(e) by inserting at the end of the Act the following Sch. i. Schedule :—

SCHEDULE 1. Sec. 8 (2).

P rovisions R ci ating to t h e V a l u er - G e n e r a l .

1. A person who is of or above the age of 60 years is not Ineligi-

eligible to be appointed as the Valuer-General or to act in the bility by

office of the Valuer-General under clause 6. reason of age.

2. (1) The Valuer-General shall, subject to this Act, be Term of

appointed for such term, not exceeding 7 years, as is specified office,

in the instrument of his appointment.

(2) The Valuer-General shall, if otherwise qualified, be

eligible for re-appointment from time to time for such term, not exceeding 7 years, as is specified in the instrument of his re-appointment.

Act No. 137, 1980.

Valuation of Land (Amendment).

Full-time 3. The Valuer-General shall devote the whole of his time to

office. the duties of his office.

Remunera­	4. (1) The Valuer-General is entitled to be paid—
tion.

(a)	remuneration in accordance with the Statutory and Other Offices Remuneration Act, 1975; and
(b)	such travelling and subsistence allowances as the Minis­ ter may from time to time determine in respect of him.

(2) The remuneration referred to in subclause (1) (a) is

payable from the Consolidated Revenue Fund, which is hereby

appropriated accordingly.

Public 5. The Public Service Act, 1979, does not apply to or in

Service	respect of the appointment of the Valuer-General and the Valuer-
Act, 1979,
not to	General is not, in his capacity as the Valuer-General, subject to
apply.	that Act during his term of office.

Appoint­ 6. (1) The Governor may appoint any person appointed or

ment of

employed for the purposes of this Act to act in the office of the

substitute

to act

Valuer-General while the Valuer-General is absent from his office

during

through illness or any other cause or while there is a vacancy

absence

in the office of the Valuer-General, and that person while so

of Valuer-

acting shall be deemed to be the Valuer-General and shall have

General.

and may exercise and perform the powers, authorities, duties and

functions of the Valuer-General.

(2) No person shall be concerned to inquire whether or not any occasion has arisen requiring or authorising a person to act in the office of the Valuer-General, and all things done or omitted to be done by that person while so acting shall be as valid and effectual and shall have the same consequences as if they had been done or omitted to be done by the Valuer-General.

Vacation 7. The Valuer-General shall be deemed to have vacated his

of office. office—

(a) if he dies;

(b) if he engages in New South Wales or elsewhere during his term of office in any paid employment outside the duties of his office without the approval of the Minister;

Act No. 137, 1980.

Valuation of Land {Amendment).

(c)	if he becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration, allowances or estate for their benefit;
(d)	if he absents himself from duty for a period exceeding 14 consecutive days, except on leave granted by the Minister, which leave the Minister is hereby authorised to grant, or unless the absence is occasioned by illness or other unavoidable cause;
(e)	if he becomes a temporary patient, a continued treat­ ment patient, a protected person or an incapable person within the meaning of the Mental Health Act, 1958, or a person under detention under Part VII of that Act;
(f)	if he is convicted in New South Wales of a crime or offence which is punishable by imprisonment for 12 months or upwards, or if he is convicted elsewhere than in New South Wales of a crime or offence which, if committed in New South Wales, would be a crime or offence so punishable;
(g)	if he resigns his office by writing under his hand addressed to the Minister;

(h) if he is removed from office under clause 8; or

(i) upon his attaining the age of 60 years.

8.        (1) The Valuer-General shall not be removed from office Removal

except in accordance with this clause.	from
office.
(2) The Valuer-General may be suspended from office by the Governor for misbehaviour or incompetence.
(3) The Minister shall lay or cause to be laid before each House of Parliament, within 7 sitting days of that House after the Valuer-General has been suspended from office, a full statement of the grounds for the suspension.
(4) The suspension shall be lifted unless each House of Parliament, within 21 sitting days from the time when the state­ ment was laid before it, declares by resolution that the Valuer- General ought to be removed from office.

(5) If each House does so declare within that period, the

Valuer-General shall be removed from office by the Governor.

Act No. 137, 1980.

Valuation of Land {Amendment).

(6) For the purposes of this clause, sitting days shall be

counted, whether or not they occur during the same session.

Protection 9. No matter or thing done by the Valuer-General or by any

from	other person acting under the direction or as delegate of the
liability.	Valuer-General shall, if the matter or thing was done in good faith for the purposes of executing this Act, subject the Valuer- General or person personally to any action, liability, claim or demand.

Preserva­	10. (1) In this clause—
tion of
rights of

Valuer- “statutory body” means any body declared under clause 12

General	to be a statutory body for the purposes of this Schedule;
previously
public

servant,	“superannuation scheme” means a scheme, fund or arrange­ ment under which any superannuation or retirement benefits are provided and which is established by or under any Act.
etc.

(2) Subject to subclause (3) and to the terms of his appointment, where the Valuer-General was, immediately before his appointment as the Valuer-General—

(a) an ofiicer of the Public Service;

(b) a contributor to a superannuation scheme;

(c) an ofiicer employed by a statutory body; or

(d) a person in respect of whom provision was made by any Act that he retain any rights accrued or accruing to him as an ofiicer or employee,

he—

(e)	shall retain any rights accrued or accruing to him as such an officer, contributor or person;
(f)	may continue to contribute to any superannuation scheme to which he was a contributor immediately before his appointment; and
(g)	shall be entitled to receive any deferred or extended leave and any payment, pension or gratuity.

Act No. 137, 1980.

Valuation of Land {Amendment).

as if he had continued to be such an officer, contributor or person

during his service as the Valuer-General, and—

(h) his service as the Valuer-General shall be deemed to be service as an officer or employee for the purpose of any law under which those rights accrued or were accruing, under which he continues to contribute or by which that entitlement is conferred; and

(i)   he shall be deemed to be an officer or employee, and the Government of New South Wales shall be deemed to be his employer, for the purpose of the superannuation scheme to which he is entitled to contribute under this clause.

(3) If the Valuer-General would, but for this subclause, be entitled under subclause (2) to contribute to a superannuation scheme or to receive any payment, pension or gratuity under that scheme he shall not be so entitled upon his becoming (whether upon his appointment as the Valuer-General or at any later time while he holds office as the Valuer-General) a contributor to any other superannuation scheme, and the provisions of subclause (2) (i) cease to apply to or in respect of him and the Government of New South Wales in any case where he becomes a contributor to such another superannuation scheme.

(4) Subclause (3) does not prevent the payment to the Valuer-General upon his ceasing to be a contributor to a super­ annuation scheme of such amount as would have been payable to him if he had ceased, by reason of his resignation, to be an officer or employee for the purposes of that scheme.

(5) The Valuer-General shall not, in respect of the same period of service, be entitled to claim a benefit under this Act and another Act.

11. (1) In this clause Valuer- General entitled

“retiring age” means— to re-

(a) in relation to a person who was immcdiately

before his appointment as the Valuer-General, employment

an officer of the Public Service—the age of 60 in certain

years; and cases.

(b) in relation to a person who was, immediately before his appointment as the Valuer-General, an officer or employee of a statutory body—the age at which officers or employees (being officers or

Act No. 137, 1980.

Valuation of Land {Amendment).

employees of the class to which that person be­ longed immediately before his appointment as the Valuer-General), as the case may be, of that statutory body are entitled to retire;

“statutory body” means any body declared under clause 12

to be a statutory body for the purposes of this Schedule.

(2) A person who ceases to be the Valuer-General, other­ wise than pursuant to clause 7 (paragraph (g) excepted), shall, if he has not attained the retiring age, be entitled to be appointed, where, immediately before his appointment as the Valuer-General, he was—

(a) an officer of the Public Service—to some position in the Public Service; or

(b) an officer or employee of a statutory body- -to some

position in the service of that body,

not lower in classification and salary than that which he held

immediately before his appointment as the Valuer-General.

Declara­ 12. The Governor may, by proclamation published in the

tion of	Gazette, declare any body constituted by or under any Act to be
statutory	a statutory body for the purposes of this Schedule.
bodies.

Further	3.	(1) The Valuation of Land Act, 1916, is further amended
of Act

amendment	by omitting the word “valuer-general” wherever occurring and by
No. 2,	inserting instead the word “Valuer-General”.
1916.
(Statute

law re­ (2) A reference in any Act (except this Act) or statutory

vision.) instrument, or in any other instrument, or in any contract or agree­ ment to “valuer-general” shall be construed as a reference to “Valuer-General”.

Savings	4.	(1) Section 8 of, and Schedule 1 to, the Valuation of Land
and tran­

sitional

Act, 1916, as amended by this Act, shall apply to and in respect of

provisions,

the person holding the office of Valuer-General immediately before

the commencement of this Act.

Act No. 137, 1980.

Valuation of Land {Amendment).

(2) The instrument of appointment of the person holding the office of Valuer-General immediately before the commence­ ment of this Act shall, for the purposes of clause 2 of Schedule 1 to the Valuation of Land Act, 1916, as amended by this Act, be deemed to specify a term of office of 7 years from the date of his appointment to that office.