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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Public Sector Management (Consequential) Amendment
Bill 2008
A BILL FOR
An Act to amend the Public Sector Management
Act 1995.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Public Sector Management
Act 1995
4 Amendment of long title
5 Amendment of section
1—Short title
6 Amendment of section
3—Interpretation
7 Amendment of heading to Part 2
8 Repeal of
Divisions 1 and 2
9 Redesignation of Part 2 Division 3
10 Redesignation of
section 6C—Application of Division
11 Redesignation of section
6D—Duty of corporate agency members to exercise care and
diligence
12 Redesignation of section 6E—Duty of corporate agency
members to act honestly
13 Redesignation of section 6F—Duty of
corporate agency members not to be involved in unauthorised transactions with
agency or subsidiary
14 Redesignation of section 6G—Duty of corporate
agency members not to have unauthorised interest in agency or
subsidiary
15 Redesignation of section 6H—Duty of corporate agency
members with respect to conflict of interest
16 Redesignation of section
6I—Removal of corporate agency members
17 Redesignation of section
6J—Civil liability for contravention of Division
18 Redesignation of
Part 2 Division 4
19 Redesignation of section 6K—Duty of advisory body
members to act honestly
20 Redesignation of section 6L—Duty of advisory
body members with respect to conflict of interest
21 Redesignation of section
6M—Removal of advisory body members
22 Redesignation of section
6N—Civil liability for contravention of Division
23 Redesignation of
Part 2 Division 5
24 Redesignation of section 6O—Application of
Division
25 Redesignation of section 6P—Duty of senior official to act
honestly
26 Redesignation of section 6Q—Duty of senior officials with
respect to conflict of interest
27 Redesignation of section 6R—Civil
liability for contravention of Division
28 Redesignation of Part 2 Division
6
29 Amendment of section 6S—Application of
Division
30 Redesignation of section 6T—Duty of corporate agency
executives to act honestly
31 Redesignation of section 6U—Duty of
corporate agency executives not to be involved in unauthorised transactions with
agency or subsidiary
32 Redesignation of section 6V—Duty of corporate
agency executives not to have unauthorised interest in agency or
subsidiary
33 Redesignation of section 6W—Duty of corporate agency
executives with respect to conflict of interest
34 Redesignation of section
6X—Civil liability for contravention of Division
35 Amendment of Part 2
Division 7 heading
36 Amendment of section 6Y—Application of
Division
37 Redesignation of section 6Z—Duty of employees to act
honestly
38 Redesignation of section 6ZA—Duty of employees with respect
to conflict of interest
39 Redesignation of section 6ZB—Civil liability
for contravention of Division
40 Redesignation of Part 2 Division
8
41 Redesignation of section 6ZC—Duty of persons performing contract
work to act honestly
42 Redesignation of section 6ZD—Duty of persons
performing contract work with respect to conflict of
interest
43 Redesignation of section 6ZE—Civil liability for
contravention of Division
44 Redesignation of Part 2 Division
9
45 Amendment of section 6ZF—Exemptions
46 Repeal of Parts 3, 4, 5,
6, 7, 8 and 9
Part 3—Miscellaneous
33 Proceedings for
offences
34 Regulations
47 Repeal of
Schedules 1, 2, 3 and 4
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Public Sector Management (Consequential)
Amendment Act 2008.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Public Sector Management
Act 1995
Long title—delete the long title and substitute:
An Act to impose duties of honesty and accountability on public sector
office holders, employees and contractors; and for other purposes.
5—Amendment of
section 1—Short title
Section 1—delete "Management" and substitute:
(Honesty and Accountability)
6—Amendment of
section 3—Interpretation
(1) Section 3(1), definition of administrative decision and
administrative unit—delete the definitions and
substitute:
administrative unit has the same meaning as in the Public
Sector Act 2008;
(2) Section 3(1), definition of casual position, Chief
Executive and the Commissioner—delete the
definitions
(3) Section 3(1), definition of the Disciplinary Appeals
Tribunal—delete the definition
(4) Section 3(1), definitions of effective service,
employee and executive—delete the
definitions
(5) Section 3(1), definitions of merit, the
Minister, the Promotion and Grievance Appeals Tribunal,
the public sector, public sector agency,
public sector employee and recognised
organisation—delete the definitions and substitute:
public sector agency has the same meaning as in the Public
Sector Act 2008;
public sector employee has the same meaning as in the
Public Sector Act 2008;
(6) Section 3(1), definitions of relevant Minister,
remuneration, remuneration level and selection
processes—delete the definitions and substitute:
relevant Minister, in relation to a person, means the
Minister who has or assumes administrative responsibility in relation to the
person for the purposes of this Act;
(7) Section 3(1), definition of senior official, (a) and
(b)—delete paragraphs (a) and (b) and substitute:
(a) the Commissioner for Public Sector Employment; or
(8) Section 3(1), definition of senior official, (c) and
(d)—delete "Chief Executive" wherever occurring and substitute in each
case:
chief executive
(9) Section 3(1), definitions of temporary position,
total remuneration package value and whole-of-Government
objectives—delete the definitions
(10) Section 3(2)—delete subsection (2) and substitute:
(2) The Minister may, by notice published in the Gazette—
(a) declare that a person for the time being performing specified duties
is a senior official; or
(b) vary or revoke a notice under this subsection.
(11) Section 3—redesignate the section as amended by this section as
section 2
7—Amendment of
heading to Part 2
Heading to Part 2—delete the heading to Part 2 and
substitute:
Part 2—Public sector duties
Divisions 1 and 2—delete the Divisions
9—Redesignation of
Part 2 Division 3
Part 2 Division 3—redesignate the Division as Division 1
10—Redesignation
of section 6C—Application of Division
Section 6C—redesignate the section as section 3
11—Redesignation
of section 6D—Duty of corporate agency members to exercise care and
diligence
Section 6D—redesignate the section as section 4
12—Redesignation
of section 6E—Duty of corporate agency members to act
honestly
Section 6E—redesignate the section as section 5
13—Redesignation
of section 6F—Duty of corporate agency members not to be involved in
unauthorised transactions with agency or subsidiary
Section 6F—redesignate the section as section 6
14—Redesignation
of section 6G—Duty of corporate agency members not to have unauthorised
interest in agency or subsidiary
Section 6G—redesignate the section as section 7
15—Redesignation
of section 6H—Duty of corporate agency members with respect to conflict of
interest
(1) Section 6H—after subsection (9) insert:
(10) A corporate agency member who is an employee of the agency or an
employee employed or assigned to assist the agency will not be taken to have a
direct or indirect interest in a matter for the purposes of this section by
reason only of the fact that the member is such an employee.
(2) Section 6H—redesignate the section as amended by this section as
section 8
16—Redesignation
of section 6I—Removal of corporate agency members
Section 6I—redesignate the section as section 9
17—Redesignation
of section 6J—Civil liability for contravention of
Division
Section 6J—redesignate the section as section 10
18—Redesignation
of Part 2 Division 4
Part 2 Division 4—redesignate the Division as Division 2
19—Redesignation
of section 6K—Duty of advisory body members to act
honestly
Section 6K—redesignate the section as section 11
20—Redesignation
of section 6L—Duty of advisory body members with respect to conflict of
interest
Section 6L—redesignate the section as section 12
21—Redesignation
of section 6M—Removal of advisory body members
Section 6M—redesignate the section as section 13
22—Redesignation
of section 6N—Civil liability for contravention of
Division
Section 6N—redesignate the section as section 14
23—Redesignation
of Part 2 Division 5
Part 2 Division 5—redesignate the Division as Division 3
24—Redesignation
of section 6O—Application of Division
Section 6O—redesignate the section as section 15
25—Redesignation
of section 6P—Duty of senior official to act honestly
Section 6P—redesignate the section as section 16
26—Redesignation
of section 6Q—Duty of senior officials with respect to conflict of
interest
Section 6Q—redesignate the section as section 17
27—Redesignation
of section 6R—Civil liability for contravention of
Division
Section 6R—redesignate the section as section 18
28—Redesignation
of Part 2 Division 6
Part 2 Division 6—Redesignate the Division as Division 4
29—Amendment of
section 6S—Application of Division
(1) Section 6S(1)—delete "6T and 6W" and substitute:
20 and 23
(2) Section 6S—redesignate the section as amended by this section as
section 19
30—Redesignation
of section 6T—Duty of corporate agency executives to act
honestly
Section 6T—redesignate the section as section 20
31—Redesignation
of section 6U—Duty of corporate agency executives not to be involved in
unauthorised transactions with agency or subsidiary
Section 6U—redesignate the section as section 21
32—Redesignation
of section 6V—Duty of corporate agency executives not to have unauthorised
interest in agency or subsidiary
Section 6V—redesignate the section as section 22
33—Redesignation
of section 6W—Duty of corporate agency executives with respect to conflict
of interest
Section 6W—redesignate the section as section 23
34—Redesignation
of section 6X—Civil liability for contravention of
Division
Section 6X—redesignate the section as section 24
35—Amendment of
Part 2 Division 7 heading
(1) Part 2 Division 7 heading—before "employees" insert:
public sector
(2) Part 2 Division 7—redesignate the Division as amended by this
section as Division 5
36—Amendment of
section 6Y—Application of Division
(1) Section 6Y—delete "an employee if Division 5, Division 6" and
substitute:
a public sector employee if Division 3, Division 4
(2) Section 6Y—redesignate the section as amended by this section as
section 25
37—Redesignation
of section 6Z—Duty of employees to act honestly
Section 6Z—redesignate the section as section 26
38—Redesignation
of section 6ZA—Duty of employees with respect to conflict of
interest
Section 6ZA—redesignate the section as section 27
39—Redesignation
of section 6ZB—Civil liability for contravention of
Division
Section 6ZB—redesignate the section as section 28
40—Redesignation
of Part 2 Division 8
Part 2 Division 8—redesignate the Division as Division 6
41—Redesignation
of section 6ZC—Duty of persons performing contract work to act
honestly
Section 6ZC—redesignate the section as section 29
42—Redesignation
of section 6ZD—Duty of persons performing contract work with respect to
conflict of interest
Section 6ZD—redesignate the section as section 30
43—Redesignation
of section 6ZE—Civil liability for contravention of
Division
Section 6ZE—redesignate the section as section 31
44—Redesignation
of Part 2 Division 9
Part 2 Division 9—redesignate the Division as Division 7
45—Amendment of
section 6ZF—Exemptions
(1) Section 6ZF—delete "other than a provision of Division 1 or
2"
(2) Section 6ZF—redesignate the section as amended by this section
as section 32
46—Repeal of Parts
3, 4, 5, 6, 7, 8 and 9
Parts 3, 4, 5, 6, 7, 8 and 9—delete the Parts and
substitute:
Part 3—Miscellaneous
33—Proceedings for offences
(1) Proceedings may not be brought for an offence against this Act except
with the consent of the Director of Public Prosecutions.
(2) Notwithstanding any other Act, proceedings for a summary offence
against this Act may be brought within the period of 3 years after the date on
which the offence is alleged to have been committed or, with the consent of the
Director of Public Prosecutions, at any later time.
(3) A document purporting to be a consent of the Director of Public
Prosecutions given under this section is, in the absence of proof to the
contrary, proof of the consent.
34—Regulations
(1) The Governor may make such regulations as are contemplated by this
Act, or as are necessary or expedient for the purposes of this Act.
(2) A regulation—
(a) may be of general or limited application and may vary in operation
according to factors stated in the regulation; and
(b) may leave a matter or thing to be determined, dispensed with,
regulated or prohibited according to the discretion of the Minister, the
Commissioner for Public Sector Employment or a chief executive of a public
sector agency, either generally or in a particular case or class of cases;
and
(c) may impose a penalty not exceeding a Division 8 fine for contravention
of, or non-compliance with, the regulation.
47—Repeal of
Schedules 1, 2, 3 and 4
Schedules 1, 2, 3 and 4—delete the Schedules