New South Wales Consolidated Regulations

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GOVERNMENT SECTOR EMPLOYMENT REGULATION 2014 - SCHEDULE 4

SCHEDULE 4 – Additional savings, transitional and other provisions

1 Existing inquiries under former Act

(1) Any inquiry under section 3K of the former Act that was commenced but not completed before 24 February 2014 may continue to be conducted by the Commissioner under section 83 of the new Act. For that purpose, any authorisation under section 3K or 3L of the former Act that had effect immediately before 24 February 2014 continues to have effect under section 83 of the new Act.
(2) Any special inquiry under section 159 of the former Act that was commenced but not completed before 24 February 2014 may continue to be conducted under section 82 of the new Act.
(3) Any inquiry under section 159A of the former Act that was commenced but not completed before 24 February 2014 may continue to be conducted by the Secretary of the Department of Premier and Cabinet under section 83 of the new Act. For that purpose, any authorisation under section 159A of the former Act that had effect immediately before 24 February 2014 continues to have effect under section 83 of the new Act.

2 Existing directions by Commissioner

Any direction given by the Commissioner under section 3J of the former Act is, to the extent that it had effect immediately before 24 February 2014 and is consistent with the new Act, taken to be a direction given under section 13 of the new Act.

3 Recruitment action

(1) Any recruitment action commenced within the period of 12 months immediately before 24 February 2014 but not completed before that date may be completed as if the former Act had not been repealed.
(2) Without limiting the operation of subclause (1), the head of a Public Service agency may, in relation to any recruitment action that was pending under the former Act immediately before 24 February 2014 or that is commenced under the new Act before 24 February 2015, choose to proceed:
(a) under the provisions of the former Act and the regulations made under that Act relating to the recruitment of employees (the
"former recruitment provisions" ), in which case those provisions continue, despite their repeal, to have effect in relation to the recruitment action, or
(b) under the provisions of the new Act, the regulations made under the new Act and the government sector employment rules relating to the recruitment of employees (the
"new recruitment procedures" ).
(3) However, if a person is employed in the Public Service under the former recruitment provisions, the person is to be assigned to a role in the Public Service and not be appointed to a position.
(4) A person may not be employed in temporary employment under the former recruitment provisions for a period that extends beyond 24 February 2015.
(5) Any recruitment action taken by the head of a Public Service agency on and from 24 February 2015 must comply with the new recruitment procedures.

4 Eligibility lists

(1) An eligibility list that was current under section 20 of the former Act immediately before 24 February 2014 may continue to be used in relation to a role that is comparable to the position for which the list was created, but only until such time as the list would otherwise cease to have effect under section 20 (3) of the former Act.
(2) If, in accordance with clause 3 (2) (a) of this Schedule, recruitment action is taken under the provisions of the former Act and the regulations made under that Act, an eligibility list for the purposes of that recruitment may be created under section 20 of the former Act as if the former Act had not been repealed.
(3) Any such eligibility list ceases to have effect on 24 February 2015.

5 Pending promotion appeals before IRC

The amendments made to the Industrial Relations Act 1996 by Schedule 6.4 to the new Act do not apply in relation to a promotion appeal that was lodged under Part 7 of Chapter 2 of the Industrial Relations Act 1996 before 24 February 2014 and any such appeal may continue to be heard and dealt with as if those amendments had not been made.

6 Existing appointments on probation

Any appointment on probation made under section 23 of the former Act that had effect immediately before 24 February 2014 continues to have effect under the government sector employment rules as a condition of the person's engagement as a Public Service employee.

7 Existing acting appointments

Any appointment to act in a position under section 24 of the former Act that had effect immediately before 24 February 2014 is taken to be a temporary assignment under the new Act to a role that is comparable to the position concerned.

8 Retirement on medical grounds

If any action to retire a person under section 25 of the former Act was commenced but not completed before 24 February 2014 that action may be completed under section 56 of the new Act.

9 Dealing with excess employees under former Act

If any action was being taken in respect of a person under section 56 of the former Act immediately before 24 February 2014, the person may continue to be dealt with under that section as if it had not been repealed. For that purpose, section 103A of the former Act continues to apply despite its repeal.

10 Existing EEO plans

(1) The head of a government sector agency is taken to have complied with the requirements of section 63 of the new Act in relation to workforce diversity within the agency if the agency head complies with an equal employment opportunity management plan in force under Part 9A of the Anti-Discrimination Act 1977 immediately before 24 February 2014.
(2) This clause ceases to have effect on 24 February 2015.

11 Existing transfers and secondments

(1) Any transfer (whether by way of secondment or otherwise) under section 86 or 87 (1) of the former Act that had effect immediately before 24 February 2014 is taken to have effect under section 64 of the new Act.
(2) In the case of any such existing transfer that is by way of a temporary secondment, the person is entitled to return to the government sector agency from which the person was seconded under the former Act at the same work level at which the person was employed immediately before being assigned.

12 Existing temporary assignments

(1) Any assignment under section 88 or 88A of the former Act that had effect immediately before 24 February 2014 is taken to have effect under section 66 of the new Act.
(2) In the case of any such existing assignment involving a person who is a Public Service employee, the person is entitled to return to the Public Service agency from which the person was assigned under the former Act at the same work level at which the person was employed immediately before being assigned.

13 Existing performance management systems

Any performance management system in operation under section 101A of the former Act immediately before 24 February 2014 is taken to be a performance management system under section 67 of the new Act.

14 Preservation of contracts of employment of Landcom staff transferred to UrbanGrowth NSW Development Corporation Staff Agency

(1) This clause applies in relation to a person (a
"transferred employee" ) who:
(a) is transferred to the UrbanGrowth NSW Development Corporation Staff Agency pursuant to an order under clause 22 of Schedule 6 to the Growth Centres (Development Corporations) Act 1974 , and
(b) was, immediately before that transfer, employed by Landcom under a contract of employment (the
"existing contract" ).
(2) During the transition period (as referred to in clause 23 of Schedule 6 to the Growth Centres (Development Corporations) Act 1974 ) for the transferred employee, the employee's existing contract (including any variation made to it during the transition period):
(a) continues to apply to the employee's employment in the UrbanGrowth NSW Development Corporation Staff Agency, and
(b) has effect despite anything to the contrary in the Act, this Regulation or the rules made under the Act.
(3) If the term of the transferred employee's existing contract expires before the end of the transition period for the employee, the Chief Executive of the UrbanGrowth NSW Development Corporation may extend the term of the contract for a period that concludes on or before the end of the transition period.
(4) This clause ceases to apply in relation to a transferred employee if the employee is employed as a Public Service senior executive during the transition period for the employee.



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