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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Statute Law (Miscellaneous Provisions)
Bill 2014
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The objects of this Bill are:
(a) to make minor amendments to various Acts and regulations (Schedule 1), and
(b) to amend certain other Acts and instruments for the purpose of effecting statute law revision
(Schedule 2), and
(c) to make minor amendments to various Acts consequent on and related to the enactment of
the Government Sector Employment Act 2013 (Schedule 3), and
(d) to repeal various Acts and provisions of Acts (Schedule 4), and
(e) to make other provisions of a consequential or ancillary nature (Schedule 5).
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act.
Clause 3 makes it clear that the explanatory notes contained in the Schedules do not form part of
the proposed Act.
Schedule 1 Minor amendments
Schedule 1 makes amendments to the following Acts and regulations:
Aboriginal Land Rights Act 1983 No 42
b2013-175-12.d11
Statute Law (Miscellaneous Provisions) Bill 2014 [NSW]
Explanatory note
Animal Diseases and Animal Pests (Emergency Outbreaks) Act 1991 No 73
Associations Incorporation Act 2009 No 7
Cemeteries and Crematoria Act 2013 No 105
Contracts Review Act 1980 No 16
Crimes (Forensic Procedures) Act 2000 No 59
Fisheries Management Act 1994 No 38
Growth Centres (Development Corporations) Act 1974 No 49
National Parks and Wildlife Act 1974 No 80
Ombudsman Act 1974 No 68
Ombudsman Regulation 2011
Pawnbrokers and Second-hand Dealers Act 1996 No 13
Pesticides Act 1999 No 80
Property, Stock and Business Agents Act 2002 No 66
Property, Stock and Business Agents Regulation 2003
Public Finance and Audit Act 1983 No 152
Radiation Control Act 1990 No 13
Residential Tenancies Act 2010 No 42
Retirement Villages Act 1999 No 81
Stock Medicines Act 1989 No 182
Subordinate Legislation Act 1989 No 146
Valuation of Land Act 1916 No 2
Water Management Act 2000 No 92
Western Lands Act 1901 No 70
The amendments to each Act and regulation are explained in detail in the explanatory note relating
to the Act or regulation concerned set out in Schedule 1.
Schedule 2 Amendments by way of statute law revision
Schedule 2 amends certain Acts and instruments for the purpose of effecting statute law revision.
The amendments to each Act and instrument are explained in detail in the explanatory note
relating to the Act or instrument concerned set out in Schedule 2.
Schedule 3 Consequential and other amendments relating to
enactment of Government Sector Employment
Act 2013 No 40
Schedule 3 makes minor amendments to various Acts consequent on and related to the enactment
of the Government Sector Employment Act 2013.
The nature of the amendments contained in Schedule 3 is explained in detail in the explanatory
note at the beginning of the Schedule.
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Statute Law (Miscellaneous Provisions) Bill 2014 [NSW]
Explanatory note
Schedule 4 Repeals
Schedule 4 repeals 5 Acts and provisions of 2 other Acts.
Clause 1 of the Schedule repeals 5 redundant Acts.
Clause 2 of the Schedule repeals a provision consisting only of commenced amendments to
another Act.
Clause 3 of the Schedule repeals an uncommenced provision that cannot be commenced because
it amends a provision that has since been repealed.
Schedule 5 General savings, transitional and other
provisions
Schedule 5 contains savings, transitional and other provisions of general effect.
The purpose of each provision is explained in detail in the explanatory note relating to the
provision concerned set out in the Schedule.
Page 3
First print
New South Wales
Statute Law (Miscellaneous Provisions)
Bill 2014
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Explanatory notes 2
Schedule 1 Minor amendments 3
Schedule 2 Amendments by way of statute law revision 19
Schedule 3 Consequential and other amendments relating to enactment of
Government Sector Employment Act 2013 29
Schedule 4 Repeals 72
Schedule 5 General savings, transitional and other provisions 73
b2013-175-12.d11
New South Wales
Statute Law (Miscellaneous Provisions)
Bill 2014
No , 2014
A Bill for
An Act to repeal certain Acts and to amend certain other Acts and instruments in various respects
and for the purpose of effecting statute law revision; and to make certain savings.
Statute Law (Miscellaneous Provisions) Bill 2014 [NSW]
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Statute Law (Miscellaneous Provisions) Act 2014. 3
2 Commencement 4
(1) This Act commences on 4 July 2014. 5
(2) However, the amendments made by the Schedules to this Act commence on the day 6
or days specified in those Schedules in relation to the amendments concerned. If a 7
commencement day is not specified, the amendments commence in accordance with 8
subsection (1). 9
3 Explanatory notes 10
The matter appearing under the heading "Explanatory note" in any of the Schedules 11
does not form part of this Act. 12
Page 2
Statute Law (Miscellaneous Provisions) Bill 2014 [NSW]
Schedule 1 Minor amendments
Schedule 1 Minor amendments 1
1.1 Aboriginal Land Rights Act 1983 No 42 2
Schedule 4 Savings, transitional and other provisions 3
Omit "1 July 2014" from clause 45 (2) of Schedule 4. Insert instead "31 December 2015". 4
Explanatory note 5
The proposed amendment to the Aboriginal Land Rights Act 1983 extends (until 31 December 2015) 6
a transitional period within which a Local Aboriginal Land Council can continue to operate social 7
housing schemes (that were in existence on 1 July 2007) for Aboriginal persons in its area without an 8
approval of the New South Wales Aboriginal Land Council. The proposed amendment is in line with 9
a recommendation resulting from a Ministerial review of that Act. 10
1.2 Animal Diseases and Animal Pests (Emergency Outbreaks) Act 1991 11
No 73 12
[1] Section 22 Control orders 13
Insert "under this Part" after "to the person" in section 22 (2A). 14
[2] Sections 24 (2A), 27B (2), 27M (3), 36 (2) (b), 55 (1) (b) (i) and (c) (i) and 2 (a), 56 (3) (b), 15
66 (1) and 67 (1) (a) and (2) 16
Omit "Director-General" wherever occurring. Insert instead "Secretary". 17
[3] Section 27L Control orders 18
Insert "under this Part" after "to the person" in section 27L (3). 19
[4] Section 38 Contravention of quarantine order 20
Insert at the end of the section: 21
(2) A person does not commit an offence under this section of contravening a 22
quarantine order if the act constituting the contravention is authorised by a 23
permit granted to the person under this Part. 24
[5] Section 47A 25
Insert after section 47: 26
47A Permits 27
(1) An inspector may grant a permit authorising: 28
(a) the movement of any animal, suspected emergency animal pest, animal 29
product, fodder, fitting, soil, vehicle or other thing on to, within or out 30
of premises, places or vehicles the subject of a quarantine order, or 31
(b) the carrying out of any activity that is the subject of a quarantine order. 32
(2) The permit has effect for the period of time, and subject to any conditions, 33
specified by the inspector in the permit. The inspector may specify such 34
conditions as the inspector thinks fit, having regard to the nature and 35
circumstances of the emergency animal disease or emergency animal pest that 36
gave rise to the making of the quarantine order, and of the premises, place or 37
vehicle to which the permit applies. 38
(3) Without limiting the basis on which permits may be granted, a permit may be 39
granted on a general basis so that it applies to a specified class of persons. Any 40
such general permit may be granted by such means as may be approved by the 41
Secretary. 42
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Statute Law (Miscellaneous Provisions) Bill 2014 [NSW]
Schedule 1 Minor amendments
(4) Any inspector may revoke or vary a permit at any time by notice in writing to 1
the holder of the permit. In the case of a permit that has been granted on a 2
general basis to a specified class of persons, notice of the revocation or 3
variation may be published on the Department's website. 4
(5) The holder of a permit that has been revoked must, on request by the inspector, 5
immediately deliver the revoked permit to the inspector who revoked it or to a 6
person nominated by that inspector. 7
Maximum penalty: 5 penalty units. 8
[6] Dictionary 9
Omit the definitions of Department, Director-General and permit. 10
Insert in alphabetical order: 11
Department means the Department of Trade and Investment, Regional 12
Infrastructure and Services. 13
Secretary means the Secretary of the Department. 14
Explanatory note 15
Item [5] of the proposed amendments to the Animal Diseases and Animal Pests (Emergency 16
Outbreaks) Act 1991 (the Principal Act) provides for the issue of permits authorising activities that 17
would otherwise be in contravention of a quarantine order under that Act. Item [4] provides for a 18
related defence to the offence of contravening a quarantine order if the relevant conduct is authorised 19
by such a permit. Items [4] and [5] are in line with provisions of the Principal Act enabling permits to 20
authorise activities that would otherwise be in contravention of controls relating to infected or infested 21
places or vehicles, restricted areas and control areas. 22
Items [1] and [3] clarify that the references to permits in sections 22 (2A) and 27L (3) of the Principal 23
Act are references to permits under the Parts of that Act in which those sections occur. Item [6] omits 24
an incomplete definition of permit that is also made redundant by items [1] and [3]. 25
Items [2] and [6] update references to a Department and its head, including as a consequence of 26
changes made by the Government Sector Employment Act 2013. 27
1.3 Associations Incorporation Act 2009 No 7 28
[1] Section 4 Definitions 29
Omit "Co-operatives Act 1992" from paragraph (a) of the definition of corresponding law 30
in section 4 (1). 31
Insert instead "Co-operatives National Law (NSW)". 32
[2] Section 4 (1), definition of "registrable corporation" 33
Omit paragraph (a). Insert instead: 34
(a) a co-operative (within the meaning of the Co-operatives National Law 35
(NSW)), or 36
[3] Section 76 Registration may be cancelled 37
Omit section 76 (1) (e). Insert instead: 38
(e) the association's committee has not appointed a public officer or has 39
appointed a public officer who is not aged 18 years or more or not 40
ordinarily resident in New South Wales, or 41
[4] Section 76 (4) 42
Omit "given". Insert instead "sent". 43
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Statute Law (Miscellaneous Provisions) Bill 2014 [NSW]
Schedule 1 Minor amendments
Explanatory note 1
Items [1] and [2] of the proposed amendments to the Associations Incorporation Act 2009 (the 2
Principal Act) update references to the Co-operatives Act 1992 (which was repealed on 3 March 3
2014) with references to the Co-operatives National Law (NSW). 4
Item [3] allows the Commissioner for Fair Trading, Office of Finance and Services to cancel the 5
registration of an association if satisfied that the association's committee has not appointed a public 6
officer (or not appointed a public officer who meets the current requirements of the Principal Act 7
relating to age and residency in New South Wales). 8
Item [4] ensures consistency of language in references to the sending of notice in relation to the 9
cancellation or proposed cancellation of an association's registration. 10
1.4 Cemeteries and Crematoria Act 2013 No 105 11
[1] Section 7 Status of Cemeteries Agency 12
Omit section 7 (2). 13
[2] Part 4, heading 14
Omit "and cemetery renewal". 15
[3] Section 55 Re-use of interment sites and removal of memorials 16
Omit "person" from section 55 (2) (c). Insert instead "each person (if any)". 17
[4] Schedule 6 Amendment of Acts and subordinate instruments 18
Omit "before the commencement of section 22 of the Cemeteries and Crematoria Act 19
2013" from proposed section 6 (1) (f1) of the Public Reserves Management Fund Act 1987 20
in Schedule 6.7 [2]. 21
[5] Schedule 6.7 [2], proposed section 6 (1) (f1) 22
Omit "that Act". Insert instead "the Cemeteries and Crematoria Act 2013". 23
[6] Dictionary 24
Omit "for the purposes of a cemetery by a local government authority" from paragraph (c) 25
of the definition of cemetery. 26
Insert instead "by a local government authority for the purposes of placing a body in a grave 27
or vault". 28
Explanatory note 29
Item [1] of the proposed amendments to the Cemeteries and Crematoria Act 2013 repeals an 30
uncommenced provision to ensure that Cemeteries and Crematoria NSW, which is a statutory 31
authority and not part of the Department of Trade and Investment, Regional Infrastructure and 32
Services, is required to submit a separate annual report. 33
Item [2] removes superfluous words from the heading to a Part. 34
Item [3] makes it clear that a cemetery operator is required to give notice of its intention to re-use an 35
interment site or remove a memorial to each person (if any) who may be shown in the operator's 36
register as a secondary contact. 37
Items [4] and [5] ensure that any proceeds paid into the Public Reserves Management Fund for the 38
purposes of the Crown Cemeteries Advisory Committee (now dissolved) or Interim Cemeteries and 39
Crematoria Board (to be dissolved on the constitution of Cemeteries and Crematoria NSW) can 40
continue to be paid into the Cemeteries and Crematoria NSW Fund until those funds are fully 41
disbursed. 42
Item [6] makes it clear that the definition of cemetery includes commercial cemeteries on 43
privately-owned land but excludes burials on private land in a location approved by a local 44
government authority. 45
Page 5
Statute Law (Miscellaneous Provisions) Bill 2014 [NSW]
Schedule 1 Minor amendments
1.5 Contracts Review Act 1980 No 16 1
[1] Section 4 Definitions 2
Insert at the end of section 4 (2) (a): 3
or 4
(a1) a community association, precinct association or neighbourhood 5
association under the Community Land Management Act 1989, or 6
[2] Section 20 Stamp duty 7
Omit "Stamp Duties Act 1920" wherever occurring. Insert instead "Duties Act 1997". 8
[3] Section 21 Application of Act to certain contracts of service and to existing contracts 9
Omit "award or industrial agreement made under the Conciliation and Arbitration Act 1904 10
of the Commonwealth" from section 21 (2). 11
Insert instead "award, instrument or agreement (whatever called) that is in effect under a 12
law of the Commonwealth and deals with matters relating to conditions of employment, 13
industrial relations or workplace relations that are similar to matters dealt with in State 14
industrial instruments". 15
Explanatory note 16
Item [1] of the proposed amendments to the Contracts Review Act 1980 (the Principal Act) ensures 17
that a community association, precinct association or neighbourhood association under the 18
Community Land Management Act 1989 is not excluded from being granted relief under the Principal 19
Act in respect of unjust contracts (by providing that such an association is not a corporation for the 20
purposes of that Act). This amendment ensures that such associations are treated by the Principal 21
Act in the same way as owners corporations constituted under the Strata Schemes Management Act 22
1996 are treated. 23
Item [2] updates references to a repealed Act. 24
Item [3] updates a definition of award as a consequence of changes to Commonwealth industrial 25
relations law (including by omitting a reference to the repealed Conciliation and Arbitration Act 1904 26
of the Commonwealth). 27
1.6 Crimes (Forensic Procedures) Act 2000 No 59 28
Section 50 Persons who may carry out forensic procedures 29
Omit "physical measurements (whether or not involving marking) for biomechanical 30
analysis of an external part of the body" from the matter relating to item 17 in the table to 31
section 50. 32
Insert instead "measurements of the body or a part of the body (whether or not involving 33
marking of the body)". 34
Commencement 35
The amendment to the Crimes (Forensic Procedures) Act 2000 is taken to have commenced on the 36
commencement of the Crimes and Courts Legislation Amendment Act 2013. 37
Explanatory note 38
The proposed amendment to the Crimes (Forensic Procedures) Act 2000 (the Principal Act) corrects 39
an oversight that occurred when the definition of non-intimate forensic procedure in that Act was 40
extended in 2013 to include body measurements taken for any purpose. The proposed amendment 41
makes a corresponding amendment, identifying who can carry out the measurements concerned. 42
Page 6
Statute Law (Miscellaneous Provisions) Bill 2014 [NSW]
Schedule 1 Minor amendments
1.7 Fisheries Management Act 1994 No 38 1
Section 148 Variation of permits 2
Insert after section 148 (1): 3
(1A) A request by the holder of an aquaculture permit for a variation referred to in 4
subsection (1) must be accompanied by the fee prescribed by the regulations. 5
Explanatory note 6
The proposed amendment to the Fisheries Management Act 1994 allows a fee to be prescribed by 7
the regulations under that Act for requests by aquaculture permit holders to vary the area or type of 8
aquaculture specified in the holder's permit. 9
1.8 Growth Centres (Development Corporations) Act 1974 No 49 10
Section 3 Definitions 11
Insert ", and includes Landcom" after "this Act" in the definition of public authority in 12
section 3 (1). 13
Explanatory note 14
The proposed amendment to the Growth Centres (Development Corporations) Act 1974 confirms that 15
Landcom is a public authority for the purposes of that Act. That Act allows a development corporation 16
and public authority to enter into arrangements that enable one to act as the agent of the other or that 17
enable the development corporation to make use of the services of staff or facilities of the public 18
authority. 19
1.9 National Parks and Wildlife Act 1974 No 80 20
[1] Sections 74 (2) (b) and (3) and 185 (5) 21
Omit "Director-General of the Department of Land and Water Conservation" wherever 22
occurring. 23
Insert instead "Secretary of the Department of Trade and Investment, Regional 24
Infrastructure and Services". 25
[2] Section 171 Authority to harm or pick 26
Insert after section 171 (1B): 27
(1C) An authority may be given under subsection (1) subject to conditions. 28
[3] Section 171 (2) 29
Insert "and consistently with any conditions to which that authority is subject" after 30
"section". 31
[4] Section 197 Evidentiary provisions etc 32
Omit "Director-General of the Department of Industry and Investment (or a person 33
authorised by that Director-General" from section 197 (10). 34
Insert instead "Secretary of the Department of Trade and Investment, Regional 35
Infrastructure and Services (or a person authorised by that Secretary". 36
Explanatory note 37
Item [2] of the proposed amendments to the National Parks and Wildlife Act 1974 (the Principal Act) 38
expressly enables conditions to be imposed on an authority (a relevant authority) to harm animals, 39
fell trees or pick native plants. 40
Item [3] is consequential on item [2] and will require a defendant relying on the existing defence to a 41
conviction for an offence against the Principal Act (that the act constituting the offence was done 42
under a relevant authority) to also show that the act was consistent with any conditions of the 43
authority. 44
Page 7
Statute Law (Miscellaneous Provisions) Bill 2014 [NSW]
Schedule 1 Minor amendments
Items [1] and [4] update references to Departments and their heads, including as a consequence of 1
changes made by the Government Sector Employment Act 2013. 2
1.10 Ombudsman Act 1974 No 68 3
Section 25A Definitions 4
Insert after section 25A (1): 5
(1A) In relation to paragraph (c) of the definition of designated non-government 6
agency in subsection (1), the regulations may: 7
(a) exclude agencies or classes of agencies, or parts or employees of 8
agencies or classes of agencies, from the application of the paragraph, 9
or 10
(b) declare that only a part of an agency, or an agency belonging to a class 11
of agencies, is to be treated as being the agency providing substitute 12
residential care for children for the purposes of that paragraph. 13
(1B) If an agency or class of agencies, or a part or employees of an agency or a class 14
of agencies, is excluded from the application of paragraph (c) of the definition 15
of designated non-government agency in subsection (1) by the regulations: 16
(a) where an agency, or an agency belonging to a class of agencies, is 17
excluded--the agency is taken not to be an agency providing substitute 18
residential care for children for the purposes of that definition, or 19
(b) where part of an agency, or an agency belonging to a class of agencies, 20
is excluded--the employees of the agency engaged in work for that part 21
of the agency are taken not to be employees of the agency for the 22
purposes of the reporting requirements of this Part in its application to 23
agencies providing substitute residential care for children, but only in 24
connection with that work, or 25
(c) where an employee of an agency, or an agency belonging to a class of 26
agencies, is excluded--the employee is taken not to be an employee of 27
the agency for the purposes of the reporting requirements of this Part in 28
its application to agencies providing substitute residential care for 29
children. 30
Explanatory note 31
The proposed amendment to the Ombudsman Act 1974: 32
(a) enables the regulations to exclude agencies providing substitute residential care for children 33
(or parts or employees of such agencies) from the definition of designated non-government 34
agency in connection with the reporting requirements of Part 3A (Child protection) of the Act 35
and provides for the effect of such exclusions, and 36
(b) enables the regulations to declare that only a particular part of an agency is to be treated as 37
the agency providing substitute residential care for children for the purposes of that definition. 38
1.11 Ombudsman Regulation 2011 39
Clause 5 Designated non-government agencies 40
Insert at the end of the clause: 41
(2) An employee of an agency providing substitute residential care for children is 42
excluded from the application of paragraph (c) of the definition of designated 43
non-government agency in section 25A (1) of the Act if the work in which the 44
employee is engaged for the agency is not child-related work within the 45
meaning of the Child Protection (Working with Children) Act 2012. 46
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Statute Law (Miscellaneous Provisions) Bill 2014 [NSW]
Schedule 1 Minor amendments
Explanatory note 1
The proposed amendment to the Ombudsman Regulation 2011 excludes employees of agencies 2
providing substitute residential care for children from the reporting requirements under Part 3A of the 3
Ombudsman Act 1974 for such agencies if the work in which they are engaged is not child-related 4
work within the meaning of the Child Protection (Working with Children) Act 2012. 5
1.12 Pawnbrokers and Second-hand Dealers Act 1996 No 13 6
[1] Section 32B Interest charges and other charges after redemption period 7
Insert ", or the payment of a special fee or charge," after "interest" in section 32B (3). 8
[2] Section 32M Directions by court for restoration of goods 9
Omit "Part 2 of Chapter 7 of the Criminal Procedure Act 1986" from section 32M (3). 10
Insert instead "Part 17 of the Law Enforcement (Powers and Responsibilities) Act 2002". 11
[3] Section 32M, note 12
Omit "Section 126". Insert instead "Section 43". 13
Explanatory note 14
Item [1] of the proposed amendments to the Pawnbrokers and Second-hand Dealers Act 1996 15
ensures that a pawnbroker who enters into an agreement by which goods are pawned commits an 16
offence if the agreement contains a provision that contravenes the requirement that no special fee or 17
charge is payable for the redemption of pawned goods after the end of the redemption period. The 18
proposed amendment is consistent with the current prohibition on a pawnbroker imposing or 19
accepting such a fee or charge. 20
Items [2] and [3] update cross-references to provisions of other Acts. 21
1.13 Pesticides Act 1999 No 80 22
Section 64 Prohibited residue notices 23
Omit "approved form" from section 64 (1). 24
Insert instead "form approved by that Authority". 25
Explanatory note 26
The proposed amendment to the Pesticides Act 1999 clarifies that a prohibited residue notice is to be 27
in the form approved by the Environment Protection Authority. 28
1.14 Property, Stock and Business Agents Act 2002 No 66 29
[1] Section 36 Review of commission and fees 30
Insert after section 36 (3): 31
(3A) A requirement by a person under subsection (3) must be in writing. 32
[2] Section 60 Agency agreement can be rescinded during cooling-off period 33
Insert after section 60 (3) (b): 34
(b1) by email to an email address specified by the agent (in correspondence 35
or otherwise) as an address to which emails to the agent may be sent, 36
Explanatory note 37
Item [1] of the proposed amendments to the Property, Stock and Business Agents Act 2002 (the 38
Principal Act) provides that a person who requires a licensee to furnish an itemised account of a 39
transaction must issue the requirement in writing. The proposed amendment to the Property, Stock 40
and Business Agents Regulation 2003 in this Schedule consequently removes an equivalent 41
requirement from that Regulation. 42
Item [2] enables an agency agreement under the Principal Act to be rescinded during the cooling-off 43
period by way of email. 44
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Statute Law (Miscellaneous Provisions) Bill 2014 [NSW]
Schedule 1 Minor amendments
1.15 Property, Stock and Business Agents Regulation 2003 1
Clause 9 Itemised account 2
Omit clause 9 (1). 3
Explanatory note 4
The proposed amendment is consequential on item [1] of the proposed amendments to the Property, 5
Stock and Business Agents Act 2002 in this Schedule. 6
1.16 Public Finance and Audit Act 1983 No 152 7
[1] Section 9 Treasurer's directions 8
Omit "to accounting officers and officers of an authority" from section 9 (1). 9
[2] Section 9 (1A) 10
Insert after section 9 (1): 11
(1A) A direction issued under this section applies to all accounting officers and to 12
all other officers of authorities, unless the direction limits its application to a 13
specified officer, to a specified class of officers or to all officers other than a 14
specified class of officers. 15
[3] Section 9 (2) (p) 16
Omit "and" at the end of the paragraph. 17
[4] Section 9 (2) (r) 18
Insert at the end of section 9 (2) (q): 19
, and 20
(r) financial management governance. 21
[5] Section 11 Financial management governance 22
Omit "shall establish and maintain an effective internal audit organisation which shall be 23
responsible to the Head of an authority for" from section 11 (2). 24
Insert instead "is to establish and maintain effective arrangements for internal audit of the 25
authority, including arrangements for". 26
[6] Section 11 (2) (c) 27
Omit "made by the internal audit organisation". 28
Insert instead "made for the purposes of the internal audit of the authority". 29
[7] Section 11 (2A) 30
Insert after section 11 (2): 31
(2A) The Head of an authority is to establish and maintain effective arrangements 32
for: 33
(a) ensuring the integrity of financial information related to the operations 34
of the authority, and 35
(b) managing risks to the operations of the authority and to the achievement 36
of its objectives, and 37
(c) ensuring compliance by the authority with this Act. 38
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Statute Law (Miscellaneous Provisions) Bill 2014 [NSW]
Schedule 1 Minor amendments
[8] Section 11 (3) 1
Omit section 11 (3) and (4). Insert instead: 2
(3) The Head of an authority is to ensure that accounting procedures are available 3
for use by officers in relation to the authority. Those procedures are subject to 4
the regulations and the Treasurer's directions. 5
[9] Section 38 Secrecy 6
Insert at the end of section 38 (2) (e): 7
, or 8
(f) a report or communication made in relation to the audit of an authority 9
to a body established to monitor the audit and risk management 10
arrangements of the authority. 11
Explanatory note 12
Items [1] and [2] of the proposed amendments to the Public Finance and Audit Act 1983 (the 13
Principal Act) clarify that a direction issued by the Treasurer (with respect to the principles, practices 14
and procedures to be observed in administering the financial affairs of the State) applies to all 15
accounting officers and to all other officers of authorities, unless otherwise specified in the direction. 16
Item [4] explicitly provides that those directions may relate to financial management governance. 17
Item [3] makes a consequential amendment. 18
Items [5] and [6] recast a provision that requires the Head of an authority to establish an effective 19
internal audit organisation, to clarify that such an organisation is not required to be internal to the 20
authority. The proposed amendment replaces the requirement to establish such an organisation with 21
a requirement to establish effective arrangements for the internal audit of the authority (which may 22
include the establishment of any internal or external organisation responsible for the internal audit). 23
Item [7] requires the Head of an authority to establish and maintain for the authority effective 24
arrangements for ensuring the integrity of financial information, managing risks and ensuring 25
compliance with the Principal Act. 26
Item [8] replaces the requirement that the accounting procedures for an authority be maintained in a 27
single manual with more flexible arrangements relating to the form in which information about those 28
procedures may be kept and used by officers of the authority. 29
Item [9] provides an exception to a secrecy provision of the Principal Act to enable the 30
Auditor-General, an auditor or an authorised person to report or communicate any matter or thing 31
relating to the audit of an authority to a body established to monitor the audit and risk management 32
arrangements of the authority. 33
1.17 Radiation Control Act 1990 No 13 34
[1] Section 5A Certain persons and public bodies may exercise certain functions of 35
Authority 36
Insert "certain persons and" after "provide for" in section 5A (1). 37
[2] Section 5A (2) 38
Omit "Director-General of the Department of Industry and Investment". 39
Insert instead "Secretary of the Department of Trade and Investment, Regional 40
Infrastructure and Services". 41
[3] Section 5A (2A) and (2B) 42
Insert after section 5A (2): 43
(2A) The Secretary of that Department may delegate the exercise of a function in 44
respect of radioactive ore that has been prescribed by the regulations made 45
under subsection (2) to any of the following persons: 46
(a) a member of staff of the Department of Trade and Investment, Regional 47
Infrastructure and Services, 48
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Statute Law (Miscellaneous Provisions) Bill 2014 [NSW]
Schedule 1 Minor amendments
(b) a member of staff of an agency of another State or a Territory that 1
administers radiation control legislation, 2
(c) a person of a class prescribed by the regulations. 3
(2B) A person to whom the exercise of a function is delegated under subsection (2) 4
must exercise the function in accordance with any conditions or limitations 5
specified in the regulations made under that subsection. 6
Note. The instrument of delegation may also limit the delegation. See section 49 of the 7
Interpretation Act 1987. 8
[4] Section 5A (3) 9
Omit "The Authority cannot". 10
Insert instead "Neither the Authority nor the Chairperson of the Authority can". 11
[5] Section 5A (7) 12
Insert ", in respect of any persons or any public body exercising functions under this 13
section" after "1997". 14
[6] Section 28 Recovery of costs 15
Omit section 28 (2). Insert instead: 16
(2) If a notice under section 18 is served on a person, or a direction under 17
section 19 is given to a person, the Authority may, by giving notice in writing, 18
require the person to pay all or any reasonable costs and expenses incurred by 19
the Authority in connection with: 20
(a) monitoring action under the notice or direction, and 21
(b) ensuring that the notice or direction is complied with, and 22
(c) any other associated matters. 23
(2A) The Authority may give such a notice even if it did not issue the relevant notice 24
under section 18 or the relevant direction under section 19. 25
[7] Section 29 Radiation Advisory Council 26
Omit "Director-General" from section 29 (2) (k). Insert instead "Secretary". 27
[8] Section 39A Personal liability 28
Omit "on behalf of a public body" from section 39A (e). 29
Explanatory note 30
Items [2] and [7] of the proposed amendments to the Radiation Control Act 1990 (the Principal Act) 31
update references to Departments and their heads, including as a consequence of changes made by 32
the Government Sector Employment Act 2013. 33
Item [3] enables the Secretary of the Department of Trade and Investment, Regional Infrastructure 34
and Services to delegate functions of the Environment Protection Authority (the EPA), or the 35
Chairperson of the EPA, in respect of radioactive ore that the regulations under the Principal Act 36
provide that the Secretary may exercise. Items [1], [5] and [8] are consequential amendments. 37
Item [4] provides that the Chairperson of the EPA and the EPA (rather than just the EPA, as is 38
currently the case) cannot exercise functions in respect of radioactive ore that the regulations provide 39
the Secretary may exercise. 40
Item [6] enables the EPA to require a person given certain notices or directions to reimburse the EPA 41
for certain related costs and expenses incurred by it (for example, in ensuring that the notice or action 42
is complied with), regardless of who gave the notice or issued the direction. The proposed 43
amendment replaces an existing provision that wrongly describes the persons who may give the 44
notices concerned and only refers to the giving of the directions concerned by the EPA (whereas such 45
directions can also be issued by an authorised officer, police officer or other person appointed for that 46
purpose by the EPA). 47
Page 12
Statute Law (Miscellaneous Provisions) Bill 2014 [NSW]
Schedule 1 Minor amendments
1.18 Residential Tenancies Act 2010 No 42 1
[1] Section 100 Early termination without compensation to landlord 2
Omit section 100 (1) (c). Insert instead: 3
(c) that the landlord has notified the tenant of the landlord's intention to sell 4
the residential premises, unless the landlord disclosed the proposed sale 5
of the premises before entering into the residential tenancy agreement 6
as required by section 26, 7
[2] Section 157A 8
Insert after section 157: 9
157A Online rental bond service 10
(1) The Director-General may establish an online rental bond service. 11
(2) An online rental bond service is an online facility or system that may be used 12
for any of the following purposes: 13
(a) to deposit a rental bond with the Director-General, 14
(b) to make a claim for the payment of a rental bond, 15
(c) to make a payment of an amount of a rental bond, 16
(d) to give any notice authorised or required under this Part, 17
(e) to do or facilitate the doing of any other thing authorised or required 18
under this Part. 19
(3) Use of the online rental bond service is subject to any terms and conditions 20
imposed by the Director-General. 21
(4) A landlord, landlord's agent or any other person must not require a tenant or 22
another person to use the online rental bond service. 23
Maximum penalty: 20 penalty units. 24
(5) A notice or other document that is authorised or required by this Part, or under 25
a provision of a residential tenancy agreement that relates to the requirements 26
of this Part, may be given or served by a user of the online rental bond service 27
to or on any other user of the online rental bond service by delivering it 28
electronically to an address nominated by the user as an address for service of 29
the notice or other document. 30
(6) In this section: 31
user of the online rental bond service means: 32
(a) the Director-General, or 33
(b) any tenant, landlord or landlord's agent, or person acting on behalf of a 34
tenant or landlord, who has agreed to use the online rental bond service. 35
[3] Section 159 Payment of bonds 36
Insert after section 159 (2): 37
(2A) Subsection (2) does not prevent a landlord, landlord's agent or other person 38
from requiring a tenant or other person who has agreed to deposit a rental bond 39
for a residential tenancy agreement with the Director-General to provide 40
evidence that the rental bond has been so deposited before the residential 41
tenancy agreement is entered into. 42
Page 13
Statute Law (Miscellaneous Provisions) Bill 2014 [NSW]
Schedule 1 Minor amendments
[4] Sections 160 (2) (a), 164 (4), 165 (3), 171, 178 (1) (b) 1
Omit "Director-General of the Department of Human Services" wherever occurring. 2
Insert instead "Secretary of the Department of Family and Community Services". 3
[5] Sections 160 (2) (a) and 171 4
Omit "that Director-General" wherever occurring. Insert instead "that Secretary". 5
[6] Section 222 Functions of Director-General 6
Insert after section 222 (1) (f): 7
(f1) to assist tenants and landlords and persons acting on their behalf to 8
resolve complaints or disputes as the Director-General considers 9
appropriate, 10
[7] Schedule 2 Savings, transitional and other provisions 11
Insert after Part 4: 12
Part 5 Provision consequent on enactment of Statute Law 13
(Miscellaneous Provisions) Act 2014 14
18 Application of amendment 15
The amendment made to section 100 by the Statute Law (Miscellaneous 16
Provisions) Act 2014 extends to residential tenancy agreements entered into 17
before the commencement of the amendment but does not affect the validity 18
of any termination notice given before the commencement of the amendment. 19
Explanatory note 20
Item [1] of the proposed amendments to the Residential Tenancies Act 2010 (the Principal Act) 21
clarifies a provision that allows a tenant to terminate a fixed term tenancy agreement, without paying 22
compensation to the landlord, if the landlord notifies an intention to sell the premises and did not 23
disclose the proposed sale before entering into the residential tenancy agreement. The proposed 24
amendment makes it clear that the tenant's right to terminate is linked to the requirement imposed on 25
the landlord by section 26 of the Principal Act. That section requires a landlord, before entering into 26
a residential tenancy agreement, to disclose any proposal to sell the premises for which a contract for 27
sale has been prepared. A tenant will have a right to terminate the agreement early, unless the 28
proposed sale was disclosed in accordance with that section. Item [7] applies the proposed 29
amendment made by item [1] to existing residential tenancy agreements. 30
Item [2] allows an online rental bond service to be established. The online rental bond service is an 31
online facility or system that may be used to deposit a rental bond, to make a claim for payment of a 32
rental bond, and for other matters relating to rental bonds. The service will be an alternative to the 33
current (paper-based) service and use of the service will be voluntary. Accordingly, it will be an 34
offence for a landlord to require a tenant to use the online rental bond service. The proposed 35
amendment will permit communications between users of the service to be made by electronic 36
(instead of paper-based) communication. 37
Item [3] is consequent on item [2]. Item [3] makes it clear that a landlord is not prevented from 38
requiring a tenant who has agreed to deposit a rental bond with the Commissioner for Fair Trading, 39
Office of Finance and Services to provide evidence that the rental bond has been deposited with the 40
Commissioner before the residential tenancy agreement is entered into. Generally, a landlord can 41
only require payment of a rental bond at the time that a residential tenancy agreement is entered into. 42
The online rental bond service will permit a tenant to deposit a rental bond directly with the 43
Commissioner before a residential tenancy agreement is entered into. 44
Items [4] and [5] update references to the Department of Human Services and the Director-General 45
of that Department (now the Department of Family and Community Services and the Secretary of that 46
Department). 47
Item [6] expands the functions of the Commissioner for Fair Trading to include assisting tenants and 48
landlords and persons acting on their behalf to resolve complaints or disputes as the Commissioner 49
considers appropriate. 50
Page 14
Statute Law (Miscellaneous Provisions) Bill 2014 [NSW]
Schedule 1 Minor amendments
1.19 Retirement Villages Act 1999 No 81 1
[1] Section 4 Definitions 2
Insert in alphabetical order in section 4 (1): 3
business day means a day other than a Saturday, Sunday, public holiday or 4
bank holiday in New South Wales. 5
[2] Section 7 Meaning of "registered interest holder" 6
Omit "registered" from section 7 (1) (c). Insert instead "registrable". 7
[3] Section 7 (2) 8
Omit "registered long-term lease". Insert instead "registrable long-term lease". 9
[4] Section 7 (2) 10
Insert "that is, or is capable of being," before "registered under". 11
[5] Section 7A Meaning of "capital gain" 12
Omit ", less any costs associated with the subsequent sale or lease of the premises" from 13
section 7A (1). 14
[6] Section 102A Meaning of "prescribed CPI variation" 15
Omit "the village contract was entered into" from section 102A (1) (a). 16
Insert instead "the date that was 12 months before the date of the proposed variation". 17
[7] Section 180 Payments to former occupants who were registered interest holders 18
Omit the note to the section. 19
[8] Section 180 (2) 20
Omit "following the sale of the premises" from section 180 (2). 21
Insert instead "under a village contract". 22
[9] Section 201 Service of documents 23
Omit "working day" from section 201 (3). Insert instead "business day". 24
[10] Schedule 4 Savings, transitional and other provisions 25
Insert after Part 3: 26
37 Application of amendment relating to definition of "capital gain" 27
The amendment made to the definition of capital gain by the Statute Law 28
(Miscellaneous Provisions) Act 2014 extends to village contracts entered into 29
before the commencement of that item, but not so as to affect the calculation 30
of any capital gain that has been realised before that commencement. 31
Explanatory note 32
Item [1] of the proposed amendments to the Retirement Villages Act 1999 (the Principal Act) inserts 33
a definition of business day that is consistent with the definition of that term in other fair trading 34
legislation. Item [9] replaces a reference to "working day" with "business day" to ensure the consistent 35
use of terminology in that Act. 36
Items [2]-[4] provide for persons who have certain long-term leases that are capable of being 37
registered under the Real Property Act 1900 to be treated as registered interest holders for the 38
purposes of the Principal Act even if the leases are not registered. Currently, the Principal Act requires 39
such leases to be registered before the lessee can be treated as being a registered interest holder. 40
Page 15
Statute Law (Miscellaneous Provisions) Bill 2014 [NSW]
Schedule 1 Minor amendments
Item [5] provides that any costs associated with the subsequent sale or lease of premises are not to 1
be included in the determination of a capital gain for the purposes of the Principal Act. The proposed 2
amendment will ensure that a capital gain is simply the difference between what one resident paid for 3
the right to reside in the premises and what the next resident paid for that right. Item [10] ensures that 4
the proposed amendment made by item [5] extends to existing village contracts. 5
Item [6] clarifies what the term prescribed CPI variation means for the purposes of the first variation 6
of recurrent charges under a village contract so that it applies uniformly for all residents regardless of 7
when they entered their village contracts. 8
Division 4 of Part 7 of the Principal Act enables an operator of a retirement village to make the first 9
variation of recurrent charges by giving a resident 14 days' written notice of the variation, but only if 10
the village contract provides that recurrent charges are to be varied otherwise than in accordance with 11
a fixed formula and the variation does not exceed the prescribed CPI variation. However, if the 12
variation exceeds the prescribed CPI variation, then all of the residents affected must consent to the 13
variation. 14
Currently, section 102A (1) of the Principal Act defines "prescribed CPI variation" to mean the 15
difference between the Consumer Price Index (CPI) published most recently before the village 16
contract was entered into and the CPI published most recently before the notice of the proposed 17
variation is given. As a result, the prescribed CPI variation may differ between residents if the dates 18
they entered their village contracts differed. 19
The proposed amendment to section 102A (1) will provide for the prescribed CPI variation to be 20
calculated by reference to the difference between the CPI published most recently before the date 21
that was 12 months before the date of the proposed variation and the CPI published most recently 22
before the notice of the proposed variation is given. 23
Item [8] amends section 180 (2) of the Principal Act to ensure consistency of language with a 24
comparable provision in section 181 (2) of that Act. The current introductory words to section 180 (2) 25
suggest that it is limited to circumstances when there has been a sale of premises, but the provision 26
lists a number of circumstances that do not arise when there has been a sale of premises. Item [7] 27
makes a consequential amendment. 28
1.20 Stock Medicines Act 1989 No 182 29
Section 3 Definitions 30
Omit ", or listed registration," from the definition of registered stock medicine in 31
section 3 (1). 32
Explanatory note 33
The proposed amendment to the Stock Medicines Act 1989 amends the definition of registered 34
stock medicine as a consequence of stock medicines no longer having listed registration under the 35
Agvet Code. 36
1.21 Subordinate Legislation Act 1989 No 146 37
Schedule 5 Further postponement of repeal of certain statutory rules 38
Insert after clause 1 of Schedule 5: 39
2 Postponement of statutory rules due for repeal in 2014 40
The following statutory rules remain in force until 1 September 2015, unless 41
sooner repealed: 42
(a) Adoption Regulation 2003, 43
(b) Community Services (Complaints, Reviews and Monitoring) Regulation 44
2004, 45
(c) Employment Protection Regulation 2001, 46
(d) Environmental Planning and Assessment Regulation 2000, 47
(e) Home Building Regulation 2004, 48
(f) Industrial Relations (General) Regulation 2001. 49
Page 16
Statute Law (Miscellaneous Provisions) Bill 2014 [NSW]
Schedule 1 Minor amendments
Explanatory note 1
The proposed amendment to the Subordinate Legislation Act 1989 (the Principal Act) has the effect 2
of keeping a number of regulations in force for a further period of one year after the date on which 3
they would otherwise be repealed by that Act. However, any of the regulations may be repealed 4
sooner by other legislation. 5
This is necessary as the regulations have each been postponed on at least 5 occasions and are now 6
due to be repealed by the Principal Act on 1 September 2014. 7
Each of the regulations continue to be required and the repeal of each of the regulations is to be 8
further postponed until 1 September 2015 for the following reasons: 9
(a) The Child Protection Legislation Amendment Act 2014 (recently enacted by Parliament) 10
contains amendments to the Adoption Act 2000 that are yet to commence. Consequential 11
amendments to the Adoption Regulation 2003 are anticipated. It is therefore proposed to 12
postpone the repeal of that Regulation pending the commencement of the amendments. 13
(b) The Community Services (Complaints, Reviews and Monitoring) Amendment Bill 2014 is 14
currently before Parliament and it is anticipated that the Bill will require consequential 15
amendments to the Community Services (Complaints, Reviews and Monitoring) Regulation 16
2004. It is therefore proposed to postpone the repeal of that Regulation pending Parliament's 17
consideration of the Bill. 18
(c) As a result of the recent commencement of the Government Sector Employment Act 2013 and 19
changes to national industrial relations laws, the Office of Industrial Relations is to undertake 20
a review of the Industrial Relations Act 1996 and the Employment Protection Act 1982. It is 21
considered that it would be premature to remake the Employment Protection Regulation 2001 22
and the Industrial Relations (General) Regulation 2001 before the conclusion of that review. 23
(d) The Home Building Amendment Bill 2014 is currently before Parliament and it is anticipated 24
that the Bill will require consequential amendments to the Home Building Regulation 2004. It 25
is therefore proposed to postpone the repeal of that Regulation pending Parliament's 26
consideration of the Bill. 27
(e) The Planning Bill 2013 (currently before Parliament) contains provisions to repeal and replace 28
the Environmental Planning and Assessment Act 1979 (and consequently repeal the 29
Environmental Planning and Assessment Regulation 2000). It is therefore proposed to 30
postpone the repeal of the Environmental Planning and Assessment Regulation 2000 pending 31
Parliament's consideration of the Bill. 32
1.22 Valuation of Land Act 1916 No 2 33
Section 54 Authentication of lists 34
Omit "stamped with the official stamp of or signed by the Valuer-General". 35
Insert instead "authenticated in such manner as the Valuer-General considers appropriate". 36
Explanatory note 37
The proposed amendment to the Valuation of Land Act 1916 enables the Valuer-General to 38
authenticate valuation lists and supplementary lists in a manner the Valuer-General considers 39
appropriate (such as electronic authentication), replacing the current requirement for those lists to be 40
authenticated by means of a physical stamp or the Valuer-General's signature. 41
1.23 Water Management Act 2000 No 92 42
[1] Section 76 Water allocations may be credited 43
Omit "an access licence" wherever occurring in section 76 (1) and (2). 44
Insert instead "a prescribed access licence". 45
[2] Section 76 (4) 46
Insert after section 76 (3): 47
(4) In this section: 48
prescribed access licence means an access licence of a category or 49
subcategory prescribed by the regulations for the purposes of this section. 50
Page 17
Statute Law (Miscellaneous Provisions) Bill 2014 [NSW]
Schedule 1 Minor amendments
Explanatory note 1
The proposed amendments to the Water Management Act 2000 (the Principal Act) limit an 2
entitlement for any holder of an access licence to apply to the Minister to regain used water 3
allocations, in accordance with the Principal Act, to the holder of an access licence that is of a 4
category or subcategory prescribed by the regulations under that Act. (The exercise of both the 5
current and the proposed entitlement is contingent on relevant water return flow rules being 6
established under that Act.) 7
1.24 Western Lands Act 1901 No 70 8
Section 8B Western Lands Advisory Council 9
Omit "catchment management boards" from section 8B (2) (e). 10
Insert instead "the Western Region Local Board under the Local Land Services Act 2013". 11
Explanatory note 12
The proposed amendment to the Western Lands Act 1901 revises the membership of the Western 13
Lands Advisory Council following the repeal of the Catchment Management Authorities Act 2003 by 14
the Local Land Services Act 2013. 15
Page 18
Statute Law (Miscellaneous Provisions) Bill 2014 [NSW]
Schedule 2 Amendments by way of statute law revision
Schedule 2 Amendments by way of statute law revision 1
2.1 Administrative Arrangements (Administrative Changes--Ministers 2
and Public Service Agencies) Order 2014 3
[1] Clause 5 (2) 4
Insert "General" after "Attorney". 5
[2] Clause 8 6
Omit "Urban Water Directorate". Insert instead "Metropolitan Water Directorate". 7
[3] Clause 15 8
Omit "he". Insert instead "the". 9
Explanatory note 10
Items [1] and [2] of the proposed amendments correct a reference to the name of part of a Public 11
Service agency. Item [3] corrects a spelling error. 12
2.2 Agricultural Tenancies Act 1990 No 64 13
Schedule 1, item 8 14
Omit "Fertilizers Act 1985". Insert instead "Fertilisers Act 1985". 15
Explanatory note 16
The proposed amendment updates a reference to a renamed Act. 17
2.3 Animal Diseases and Animal Pests (Emergency Outbreaks) Regulation 18
2012 19
Clause 5 and Schedule 1 20
Omit "Director-General" wherever occurring. Insert instead "Secretary". 21
Explanatory note 22
The proposed amendment updates references to the head of a Department. 23
2.4 Ashfield Local Environmental Plan 2013 24
[1] Schedule 5, Part 1 25
Insert "Local" in the column headed "Significance" in the matters relating to Item nos 77, 26
226, 350 and 451. 27
[2] Schedule 5, Part 2 28
Omit "heritage map". Insert instead "Heritage Map". 29
[3] Schedule 5, Part 2 30
Omit "C16" from the matter relating to the Ilford Avenue Conservation Area. 31
Insert instead "C9". 32
Explanatory note 33
The proposed amendments correct typographical errors and insert material omitted from the Plan as 34
originally published. 35
Page 19
Statute Law (Miscellaneous Provisions) Bill 2014 [NSW]
Schedule 2 Amendments by way of statute law revision
2.5 Australian Oil Refining Agreements Act 1954 No 34 1
Section 7 (2) and (2A) 2
Omit "substitution" wherever occurring. Insert instead "amendment". 3
Explanatory note 4
The proposed amendment corrects references to the kind of amendments made by the Civil and 5
Administrative Legislation (Repeal and Amendment) Act 2013 to the section concerned. 6
2.6 Bankstown Local Environmental Plan 2001 7
Schedule 2, item 4 8
Omit "confectionary". Insert instead "confectionery". 9
Explanatory note 10
The proposed amendment corrects a spelling error. 11
2.7 Biofuels Act 2007 No 23 12
Section 23 (3) 13
Omit "section 23 (1) (f)". Insert instead "subsection (2) (f)". 14
Explanatory note 15
The proposed amendment corrects a cross-reference. 16
2.8 Cemeteries and Crematoria Act 2013 No 105 17
[1] Section 54 (8) (d) 18
Omit "with out". Insert instead "without". 19
[2] Section 124 (8), paragraph (g) of the definition of "civil penalty provision" 20
Omit "(4)". Insert instead "(2)". 21
[3] Schedule 1, clause 3 22
Omit "Commissioner may". Insert instead "Commissioner, may". 23
[4] Schedule 5, clause 13 24
Omit "In this Act". Insert instead "In this Part". 25
[5] Schedule 5, clause 21, definition of "old RNT" 26
Insert "of the Crown Lands Act 1989" after "section 92 (1)". 27
Explanatory note 28
Items [1] and [3] of the proposed amendments correct spelling and grammatical errors. Items [2] and 29
[4] correct cross-references. Item [5] clarifies a cross-reference. 30
2.9 Coal Mine Health and Safety Regulation 2006 31
Clause 49, Table 32
Omit "55 metres". Insert instead "5.5 metres". 33
Explanatory note 34
The proposed amendment corrects a typographical error. 35
Page 20
Statute Law (Miscellaneous Provisions) Bill 2014 [NSW]
Schedule 2 Amendments by way of statute law revision
2.10 Community Land Management Act 1989 No 202 1
Section 70B (1) 2
Omit "Registrar's". Insert instead "principal registrar's". 3
Explanatory note 4
The proposed amendment corrects the title of an office holder. 5
2.11 Criminal Procedure Regulation 2010 6
Clause 96 (2) (a) 7
Omit "Director-General's". Insert instead "Secretary's". 8
Explanatory note 9
The proposed amendment updates terminology. 10
2.12 Dangerous Goods (Road and Rail Transport) Act 2008 No 95 11
Section 63 (1) 12
Omit "Australian Transport Council". 13
Insert instead "Standing Council on Transport and Infrastructure". 14
Explanatory note 15
The proposed amendment updates a reference to a body. 16
2.13 Defamation Act 2005 No 77 17
[1] Schedule 2, clause 10 18
Omit "Tribunal's". Insert instead "tribunal's". 19
[2] Schedule 3, clause 19 20
Omit "Tribunal's". Insert instead "tribunal's". 21
Explanatory note 22
The proposed amendments correct typographical errors. 23
2.14 Fines Act 1996 No 99 24
[1] Section 133, definition of "confirmed" 25
Omit "Administrative Decisions Tribunal" from paragraph (a). 26
Insert instead "Civil and Administrative Tribunal". 27
[2] Section 135 (8), definition of "appeal" 28
Omit the definition. Insert instead: 29
appeal includes an application to the Civil and Administrative Tribunal for an 30
administrative review under the Administrative Decisions Review Act 1997 of 31
the decision to confirm a restitution order. 32
Explanatory note 33
The proposed amendments update references to the abolished Administrative Decisions Tribunal. 34
Page 21
Statute Law (Miscellaneous Provisions) Bill 2014 [NSW]
Schedule 2 Amendments by way of statute law revision
2.15 Funeral Funds Act 1979 No 106 1
Section 71 (1) (c) 2
Omit the paragraph. Insert instead: 3
(c) becomes a mentally incapacitated person, 4
Explanatory note 5
The proposed amendment updates terminology. 6
2.16 Game and Feral Animal Control Act 2002 No 64 7
Section 17 (1) (d) 8
Insert "the" before "Local Land Services Act 2013". 9
Explanatory note 10
The proposed amendment corrects grammar. 11
2.17 Government Sector Employment Regulation 2014 12
Schedule 2, clause 4 (3) (a) 13
Omit "Division 1". Insert instead "Division 8". 14
Explanatory note 15
The proposed amendment corrects a cross-reference. 16
2.18 Great Lakes Local Environmental Plan 2014 17
Clause 4.1B (3) (b) 18
Renumber clause 4.1B (3) (b) (b) as clause 4.1B (3) (b) (ii). 19
Explanatory note 20
The proposed amendment corrects subparagraph numbering. 21
2.19 Health Practitioner Regulation (New South Wales) Regulation 2010 22
Schedule 1A, clause 3 (2) (g) (iii) 23
Omit "Opthalmologists". Insert instead "Ophthalmologists". 24
Explanatory note 25
The proposed amendment corrects a spelling error. 26
2.20 Heavy Vehicle (Adoption of National Law) Act 2013 No 42 27
Section 26 (3) 28
Omit "section 174". Insert instead "section 175". 29
Explanatory note 30
The proposed amendment corrects a cross-reference. 31
2.21 Liquor Act 2007 No 90 32
[1] Section 116AF (1) 33
Omit "apply to the Administrative Decisions Tribunal for a review". 34
Insert instead "apply to the Civil and Administrative Tribunal for an administrative review 35
under the Administrative Decisions Review Act 1997". 36
Page 22
Statute Law (Miscellaneous Provisions) Bill 2014 [NSW]
Schedule 2 Amendments by way of statute law revision
[2] Section 116AF (2) 1
Omit "Tribunal". Insert instead "Review". 2
Explanatory note 3
The proposed amendments update references to the abolished Administrative Decisions Tribunal and 4
the renamed Administrative Decisions Tribunal Act 1997. 5
2.22 Liquor Regulation 2008 6
Clause 53N (a) 7
Omit "responsibilty". Insert instead "responsibility". 8
Explanatory note 9
The proposed amendment corrects a spelling error. 10
2.23 Local Government (General) Regulation 2005 11
Schedule 3 12
Omit "Local Government Pecuniary Interest Tribunal". 13
Insert instead "Civil and Administrative Tribunal". 14
Explanatory note 15
The proposed amendment updates references to the abolished Local Government Pecuniary Interest 16
Tribunal. 17
2.24 Marine Safety (General) Regulation 2009 18
Clause 3 (1), definition of "enclosed waters" 19
Omit "Schedules 1 and 2 to the Marine Safety (Commercial Vessels) Regulation 2010". 20
Insert instead "Schedules 1B and 1C". 21
Explanatory note. 22
The proposed amendment corrects a cross-reference. 23
2.25 Marine Safety Legislation (Lakes Hume and Mulwala) Act 2001 No 78 24
[1] Section 3, definition of "marine safety legislation of Victoria" 25
Omit "Marine Act 1988". Insert instead "Marine Safety Act 2010". 26
[2] Section 4 (2) (a) 27
Insert "or hearing" after "trial". 28
[3] Section 11 (1) 29
Omit "Public Sector Management and Employment Act 1998". 30
Insert instead "Public Administration Act 2004". 31
[4] Section 11 (2) 32
Omit "the Maritime Authority of NSW". Insert instead "Roads and Maritime Services". 33
Explanatory note 34
The proposed amendments update cross-references, insert missing words and update the name of 35
a NSW government agency. 36
Page 23
Statute Law (Miscellaneous Provisions) Bill 2014 [NSW]
Schedule 2 Amendments by way of statute law revision
2.26 Motor Vehicles Taxation Act 1988 No 111 1
[1] Section 3 (1), definition of "civil defence work" 2
Omit "as defined in section 3 of the State Emergency Services and Civil Defence Act 1972". 3
Insert instead "(within the meaning of the State Emergency and Rescue Management Act 4
1989)". 5
[2] Section 3 (1), definition of "station waggon" 6
Omit the definition. Insert instead: 7
station wagon has the same meaning as in the Road Transport (Vehicle 8
Registration) Regulation 2007. 9
[3] Section 3 (1), paragraph (b) of definition of "primary producer's vehicle" 10
Omit "registered under the Co-operatives Act 1992". 11
Insert instead "that is a co-operative or a participating co-operative within the meaning of 12
the Co-operatives National Law (NSW)". 13
[4] Section 3 (2) (b) and (d) (ii) 14
Omit "waggon" wherever occurring. Insert instead "wagon". 15
[5] Section 16 (1) (a) 16
Omit "Mines Rescue Act 1994". Insert instead "Coal Industry Act 2001". 17
[6] Section 17 (1) (b) (ii) 18
Omit "registered under the Co-operatives Act 1992". 19
Insert instead "that is a co-operative, or a participating co-operative, within the meaning of 20
the Co-operatives National Law (NSW)". 21
[7] Section 17 (1) (m) 22
Omit "Education Reform Act 1990". Insert instead "Education Act 1990". 23
Explanatory note. 24
The proposed amendments update cross-references and make consequential amendments. 25
2.27 North Coast Regional Environmental Plan 26
Clause 79 (1) (a) 27
Omit "identifed". Insert instead "identified". 28
Explanatory note 29
The proposed amendment corrects a spelling error. 30
2.28 Orange Local Environmental Plan 2011 31
[1] Schedule 5, Part 1 32
Omit "Barett" from the matter relating to I193. Insert instead "Barrett". 33
[2] Schedule 5, Part 1 34
Omit "Dive" from the matter relating to I306. Insert instead "Drive". 35
Explanatory note 36
The proposed amendments correct spelling errors. 37
Page 24
Statute Law (Miscellaneous Provisions) Bill 2014 [NSW]
Schedule 2 Amendments by way of statute law revision
2.29 Port Kembla Inner Harbour Construction and Agreement Ratification 1
Act 1955 No 43 2
Section 12 (2) and (2A) 3
Omit "substitution" wherever occurring. Insert instead "amendment". 4
Explanatory note 5
The proposed amendment corrects references to the kind of amendments made by the Civil and 6
Administrative Legislation (Repeal and Amendment) Act 2013 to the section concerned. 7
2.30 Public Finance and Audit Act 1983 No 152 8
Schedule 3 9
Transfer the matter relating to Fire and Rescue NSW to after the matter relating to the 10
Department of Finance and Services. 11
Explanatory note 12
The proposed amendment corrects the ordering of items in a Schedule. 13
2.31 Public Health Act 2010 No 127 14
Section 64 (6) 15
Omit "Administrative Decisions Tribunal's". 16
Insert instead "Civil and Administrative Tribunal's". 17
Explanatory note 18
The proposed amendment updates a reference to the abolished Administrative Decisions Tribunal. 19
2.32 Queanbeyan Local Environmental Plan 2012 20
Schedule 2 21
Omit "(When this Plan was made this Schedule was blank)". 22
Explanatory note 23
The proposed amendment removes redundant words. 24
2.33 Regional Relocation (Home Buyers Grant) Regulation 2012 25
Clauses 1 and 3 26
Omit "(Home Buyers Grant)" wherever occurring. Insert instead "Grants". 27
Explanatory note 28
The proposed amendment updates a reference to a renamed Act and consequently renames a 29
regulation under that Act. 30
2.34 Residential (Land Lease) Communities Act 2013 No 97 31
Section 8 (2), definition of "co-operative" 32
Omit the definition. Insert instead: 33
co-operative has the same meaning as in the Co-operatives National Law 34
(NSW) and includes a participating co-operative within the meaning of that 35
Law. 36
Explanatory note 37
The proposed amendment updates a definition consequent on the adoption of a national law. 38
Page 25
Statute Law (Miscellaneous Provisions) Bill 2014 [NSW]
Schedule 2 Amendments by way of statute law revision
2.35 Road Transport (Driver Licensing) Regulation 2008 1
Clause 9 (5), table 2
Omit "100 mls" from the matter relating to condition code Z. 3
Insert instead "100 millilitres". 4
Explanatory note 5
The proposed amendment corrects a unit of measurement. 6
2.36 Standard Instrument (Local Environmental Plans) Order 2006 7
[1] Standard Instrument, clause 1.7, note 8
Omit "Infrastructure". Insert instead "Environment". 9
[2] Standard Instrument, clause 1.9 (2) 10
Omit the following: 11
State Environmental Planning Policy No 4--Development Without Consent 12
and Miscellaneous Exempt and Complying Development (clause 6 and Parts 3 13
and 4) 14
State Environmental Planning Policy No 60--Exempt and Complying 15
Development 16
Insert instead "State Environmental Planning Policy (Exempt and Complying Development 17
Codes) 2008 (Schedule 6)". 18
[3] Standard Instrument, clause 2.4 (2) 19
Omit "Before granting development consent". 20
Insert instead "In deciding whether to grant development consent". 21
[4] Standard Instrument, clause 3.2, note 22
Omit the note. 23
[5] Standard Instrument, clause 5.9 (9) 24
Insert "Zone" before "E2", "E3" and "E4". 25
[6] Standard Instrument, Schedule 3, Part 2 26
Omit "Division 3 of Part 3 of" from the matter relating to General conditions. 27
Insert instead "Schedule 6 to". 28
[7] Standard Instrument, Dictionary, definition of "wharf or boating facilities" 29
Omit "(or any of the following facilities associated with a wharf or boating that are not port 30
facilities)". 31
Insert instead "or any of the following facilities associated with a wharf or boating that are 32
not port facilities". 33
Commencement 34
The amendments to the Standard Instrument (Local Environmental Plans) Order 2006 commence on 35
14 July 2014. 36
Explanatory note 37
Item [1] of the proposed amendments updates a reference to a Department. 38
Item [2] removes references to repealed instruments. 39
Item [3] clarifies an expression. 40
Page 26
Statute Law (Miscellaneous Provisions) Bill 2014 [NSW]
Schedule 2 Amendments by way of statute law revision
Item [4] omits a redundant note. 1
Item [5] inserts a missing word. 2
Item [6] updates a cross-reference as a consequence of amendments made by the State 3
Environmental Planning Policy (Exempt and Complying Development Codes) Amendment 4
(Commercial and Industrial Development and Other Matters) 2013. 5
Item [7] removes unnecessary punctuation. 6
2.37 State Environmental Planning Policy (Infrastructure) 2007 7
[1] Part 2, Division 5, note 8
Omit the note. 9
[2] Clause 130, note 10
Omit the note. 11
Explanatory note 12
The proposed amendments remove redundant notes. 13
2.38 State Environmental Planning Policy No 55--Remediation of Land 14
Clause 14 (b) (ii) 15
Omit "clause 19 (4) and (5)". Insert instead "clause 19 (4)". 16
Explanatory note 17
The proposed amendment omits a reference to a repealed provision. 18
2.39 State Environmental Planning Policy (State and Regional 19
Development) 2011 20
Schedule 3 and note to the Schedule 21
Omit "13" wherever occurring. Insert instead "14". 22
Explanatory note 23
The proposed amendment corrects cross-references. 24
2.40 State Environmental Planning Policy (Three Ports) 2013 25
Clause 11 (2) (a) and (b) and (3) 26
Omit "the that commencement" wherever occurring. Insert instead "that commencement". 27
Explanatory note 28
The proposed amendment corrects a grammatical error. 29
2.41 Strata Schemes Management Act 1996 No 138 30
Section 135 (1) 31
Omit "Registrar's". Insert instead "principal registrar's". 32
Explanatory note 33
The proposed amendment corrects the title of an office holder. 34
2.42 Strata Schemes Management Regulation 2010 35
Clause 19 (2), note 36
Omit "Strata Schemes (Freehold Development) Regulation 2007". 37
Insert instead "Strata Schemes (Freehold Development) Regulation 2012". 38
Page 27
Statute Law (Miscellaneous Provisions) Bill 2014 [NSW]
Schedule 2 Amendments by way of statute law revision
Explanatory note 1
The proposed amendment updates a cross-reference. 2
2.43 Swimming Pools Regulation 2008 3
Schedule 1 4
Omit "section 28". Insert instead "section 27B or 28". 5
Explanatory note. 6
The proposed amendment updates a cross-reference. 7
2.44 Taxation Administration Act 1996 No 97 8
Section 82 (b) (vi) 9
Omit "(Home Buyers Grant)". Insert instead "Grants". 10
Explanatory note 11
The proposed amendment updates a reference to a renamed Act. 12
2.45 Water Management Act 2000 No 92 13
Section 262 (2) 14
Omit "the Hunter-Central Rivers Catchment Management Authority's". 15
Insert instead "Local Land Services'" 16
Explanatory note 17
The proposed amendment updates a reference to a statutory corporation. 18
2.46 Wingecarribee Local Environmental Plan 2010 19
[1] Land Use Table, Zone RE1 Public Recreation, item 3 20
Omit "Recreational" wherever occurring. Insert instead "Recreation". 21
[2] Clause 7.11 (3) 22
Omit "clause". Insert instead "clause,". 23
[3] Clause 7.11 (3) 24
Omit "means,". Insert instead "means". 25
Explanatory note 26
The proposed amendments correct typographical errors. 27
Page 28
Statute Law (Miscellaneous Provisions) Bill 2014 [NSW]
Schedule 3 Consequential and other amendments relating to enactment of Government Sector
Employment Act 2013
Schedule 3 Consequential and other amendments relating to 1
enactment of Government Sector Employment 2
Act 2013 3
Explanatory note 4
This Schedule includes the amendments contained in the Government Sector Employment 5
Legislation Amendment Bill 2013 (the GSELA Bill) that: 6
(a) update terminology with respect to Public Service agencies, head of agencies and employees 7
as a consequence of the Government Sector Employment Act 2013 (the GSE Act), and 8
(b) align employment arrangements for certain statutory officers who were previously subject to 9
Part 3.1 of the Public Sector Employment and Management Act 2002 with the new 10
employment arrangements under the GSE Act for senior executives in the Public Service, and 11
(c) make miscellaneous amendments to the GSE Act and other Acts. 12
This Schedule does not include the principal amendments contained in the GSELA Bill that align 13
employment arrangements for senior executives in the NSW Police Force, the Health Service and the 14
Transport Service with the new employment arrangements for senior executives in the Public Service 15
under the GSE Act. 16
This Schedule includes the following variations to the amendments in the GSELA Bill that are included 17
in this Schedule: 18
(a) the Registrar for the purposes of the Community Housing Providers National Law (NSW) will 19
continue to be appointed as a statutory officer instead of becoming a Public Service employee 20
(see Schedule 3.2 [4] and [7]), 21
(b) the GSE Act is amended to make it clear that a person appointed by the Public Service 22
Commissioner or the Secretary of the Department of Premier and Cabinet for the purposes of 23
conducting an inquiry relating to administration or management of a government sector 24
agency does so on behalf of, and under the direction of, the Commissioner or the Secretary 25
(see Schedule 3.9 [39]-[44]), 26
(c) the Chief Executive of the Sydney Catchment Authority will continue to be appointed as a 27
statutory officer instead of becoming a Public Service employee (see Schedule 3.30 [1] and 28
[5]). 29
Certain amendments to the Internal Audit Bureau Act 1992 and the Treasury Corporation Act 1983 30
will commence on a day to be appointed by proclamation (see Schedule 3.15 [1] and 3.33 [1]). 31
3.1 Children and Young Persons (Care and Protection) Act 1998 No 157 32
[1] Section 178 Children's Guardian 33
Omit section 178 (2), (3) and (4). 34
[2] Sections 178A-178F 35
Insert after section 178: 36
178A Term of office 37
(1) The Children's Guardian holds office for such term, not exceeding 5 years, as 38
may be specified in the instrument of appointment, but is eligible (if otherwise 39
qualified) for re-appointment. 40
(2) A person is not eligible to be appointed for more than 2 terms of office as 41
Children's Guardian (whether or not consecutive terms). 42
178B Full-time office 43
The office of Children's Guardian is a full-time office and the holder of the 44
office is required to hold it on that basis, except to the extent permitted by the 45
Minister. 46
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Statute Law (Miscellaneous Provisions) Bill 2014 [NSW]
Schedule 3 Consequential and other amendments relating to enactment of Government Sector
Employment Act 2013
178C Employment and remuneration 1
(1) The employment of the Children's Guardian is (subject to this Part) to be 2
governed by a contract of employment between the Children's Guardian and 3
the Minister. 4
(2) The following provisions of or made under the Government Sector 5
Employment Act 2013 relating to the employment of Public Service senior 6
executives apply to the Children's Guardian (but in the application of those 7
provisions a reference to the employer of any such executive is to be read as a 8
reference to the Minister): 9
(a) provisions relating to the band in which an executive is to be employed, 10
(b) provisions relating to the contract of employment of an executive, 11
(c) provisions relating to the remuneration, employment benefits and 12
allowances of an executive. 13
178D Vacancy in office 14
(1) The office of Children's Guardian becomes vacant if the holder: 15
(a) dies, or 16
(b) completes a term of office and is not re-appointed, or 17
(c) resigns the office by instrument in writing addressed to the Minister, or 18
(d) becomes bankrupt, applies to take the benefit of any law for the relief of 19
bankrupt or insolvent debtors, compounds with his or her creditors or 20
makes an assignment of his or her remuneration for their benefit, or 21
(e) becomes a mentally incapacitated person, or 22
(f) is convicted in New South Wales of an offence that is punishable by 23
imprisonment for 12 months or more or is convicted elsewhere than in 24
New South Wales of an offence that, if committed in New South Wales, 25
would be an offence so punishable, or 26
(g) is removed from office under section 178E. 27
(2) If the office of Children's Guardian becomes vacant, a person is, subject to this 28
Act, to be appointed to fill the vacancy. 29
178E Removal from office 30
(1) The Governor may remove the Children's Guardian from office, but only for 31
incompetence, incapacity or misbehaviour. 32
(2) The Children's Guardian cannot be removed from office under Part 6 of the 33
Government Sector Employment Act 2013. 34
178F Children's Guardian not Public Service employee 35
The office of Children's Guardian is a statutory office and the provisions of 36
the Government Sector Employment Act 2013 relating to the employment of 37
Public Service employees do not apply to that office (except as provided by 38
section 178C). 39
3.2 Community Housing Providers (Adoption of National Law) Act 2012 40
No 59 41
[1] Section 4 Definitions 42
Omit the definition of Director-General. 43
Page 30
Statute Law (Miscellaneous Provisions) Bill 2014 [NSW]
Schedule 3 Consequential and other amendments relating to enactment of Government Sector
Employment Act 2013
[2] Section 4 (2) 1
Insert in alphabetical order: 2
Housing Secretary means the Secretary of the Department of Family and 3
Community Services. 4
[3] Sections 4 (2) (definition of "Housing Agency"), 8, 15 (4), 16 (2) (a) and 23 5
Omit "Director-General" wherever occurring. Insert instead "Housing Secretary". 6
[4] Section 10 Registrar 7
Omit section 10 (3). Insert instead: 8
(3) Schedule 1A contains provisions relating to the Registrar. 9
[5] Section 11 Delegation of Registrar's functions 10
Omit section 11 (1) (a). Insert instead: 11
(a) a Public Service employee, or 12
[6] Section 11 (2) 13
Omit "who holds a position in the Department of Family and Community Services the 14
duties of which". 15
Insert instead "who is employed in the Department of Family and Community Services and 16
whose duties". 17
[7] Schedule 1A 18
Insert after Schedule 1: 19
Schedule 1A Provisions relating to Registrar 20
(Section 10 (3)) 21
1 Term of office 22
(1) The Registrar holds office for such term, not exceeding 5 years, as may be 23
specified in the instrument of appointment, but is eligible (if otherwise 24
qualified) for re-appointment. 25
(2) A person is not eligible to be appointed for more than 2 terms of office as 26
Registrar (whether or not consecutive terms). 27
2 Full-time office 28
The office of Registrar is a full-time office and the holder of the office is 29
required to hold it on that basis, except to the extent permitted by the Minister. 30
3 Employment and remuneration 31
(1) The employment of the Registrar is (subject to this Schedule) to be governed 32
by a contract of employment between the Registrar and the Minister. 33
(2) The following provisions of or made under the Government Sector 34
Employment Act 2013 relating to the employment of Public Service senior 35
executives apply to the Registrar (but in the application of those provisions a 36
reference to the employer of any such executive is to be read as a reference to 37
the Minister): 38
(a) provisions relating to the band in which an executive is to be employed, 39
Page 31
Statute Law (Miscellaneous Provisions) Bill 2014 [NSW]
Schedule 3 Consequential and other amendments relating to enactment of Government Sector
Employment Act 2013
(b) provisions relating to the contract of employment of an executive, 1
(c) provisions relating to the remuneration, employment benefits and 2
allowances of an executive. 3
4 Vacancy in office 4
(1) The office of Registrar becomes vacant if the holder: 5
(a) dies, or 6
(b) completes a term of office and is not re-appointed, or 7
(c) resigns the office by instrument in writing addressed to the Minister, or 8
(d) becomes bankrupt, applies to take the benefit of any law for the relief of 9
bankrupt or insolvent debtors, compounds with his or her creditors or 10
makes an assignment of his or her remuneration for their benefit, or 11
(e) becomes a mentally incapacitated person, or 12
(f) is convicted in New South Wales of an offence that is punishable by 13
imprisonment for 12 months or more or is convicted elsewhere than in 14
New South Wales of an offence that, if committed in New South Wales, 15
would be an offence so punishable, or 16
(g) is removed from office under clause 5. 17
(2) If the office of Registrar becomes vacant, a person is, subject to this Act, to be 18
appointed to fill the vacancy. 19
5 Removal from office 20
(1) The Minister may remove the Registrar from office, but only for 21
incompetence, incapacity or misbehaviour. 22
(2) The Registrar cannot be removed from office under Part 6 of the Government 23
Sector Employment Act 2013. 24
6 Registrar not Public Service employee 25
The office of Registrar is a statutory office and the provisions of the 26
Government Sector Employment Act 2013 relating to the employment of 27
Public Service employees do not apply to that office (except as provided by 28
clause 3). 29
3.3 Constitution Act 1902 No 32 30
Section 50G Publication, commencement and operation of orders 31
Insert after section 50G (4): 32
(5) If any question arises as to the employees included in any part of a Public 33
Service agency who are transferred by an administrative arrangements order 34
to another Public Service agency, the question may be referred to and 35
determined by the Public Service Commissioner. 36
3.4 Crime Commission Act 2012 No 66 37
Section 66 Staff of Inspector 38
Omit section 66 (1). Insert instead: 39
(1) Persons employed in the Public Service under the Government Sector 40
Employment Act 2013 to enable the Inspector to exercise his or her functions 41
are subject to the control and direction of the Inspector. 42
Page 32
Statute Law (Miscellaneous Provisions) Bill 2014 [NSW]
Schedule 3 Consequential and other amendments relating to enactment of Government Sector
Employment Act 2013
(1A) Subsection (1) does not affect the exercise of the functions under the 1
Government Sector Employment Act 2013 of the head of the Public Service 2
agency in which those persons are employed. The head of that agency may 3
delegate those functions under that Act to the Inspector. 4
(1B) The staff of the Inspector comprises the persons so employed and the persons 5
referred to in subsection (2). 6
3.5 Destination NSW Act 2011 No 21 7
[1] Section 9 Chief Executive Officer 8
Omit section 9 (1) and (2). Insert instead: 9
(1) The Chief Executive Officer of Destination NSW is the person employed in 10
the Public Service as the Chief Executive Officer. 11
[2] Section 11 12
Omit the section. Insert instead: 13
11 Staff of Destination NSW 14
Persons may be employed in the Public Service under the Government Sector 15
Employment Act 2013 to enable Destination NSW to exercise its functions. 16
Note. Section 59 of the Government Sector Employment Act 2013 provides that the 17
persons so employed (or whose services Destination NSW makes use of) may be 18
referred to as officers or employees, or members of staff, of Destination NSW. 19
Section 47A of the Constitution Act 1902 precludes Destination NSW from employing 20
staff. 21
[3] Schedule 1, clause 6 (1) 22
Omit the subclause. Insert instead: 23
(1) The provisions of the Government Sector Employment Act 2013 relating to the 24
employment of Public Service employees do not apply to an appointed 25
member. 26
3.6 Fire Brigades Act 1989 No 192 27
[1] Section 3 Definitions 28
Omit the definition of Commissioner. Insert instead: 29
Commissioner means the person employed in the Public Service as the 30
Commissioner of Fire and Rescue NSW. 31
[2] Section 3, definition of "Department" 32
Omit the definition. 33
[3] Sections 35, 44 (definition of "fire brigades expenditure"), 46, 64A, 64B, 78, 79A and 34
83 (3) (definition of "authorised person") 35
Omit "the Department" and "the Department's" wherever occurring. 36
Insert instead "Fire and Rescue NSW" and "Fire and Rescue NSW's" respectively. 37
[4] Part 6, Division 1, heading 38
Omit "The Department". Insert instead "Fire and Rescue NSW". 39
Page 33
Statute Law (Miscellaneous Provisions) Bill 2014 [NSW]
Schedule 3 Consequential and other amendments relating to enactment of Government Sector
Employment Act 2013
[5] Section 66 1
Omit the section. Insert instead: 2
66 Staff of Fire and Rescue NSW 3
(1) Persons may be employed in the Public Service under the Government Sector 4
Employment Act 2013 to enable the Commissioner to exercise his or her 5
functions. 6
Note. Section 59 of the Government Sector Employment Act 2013 provides that the 7
persons so employed (or whose services the Commissioner makes use of) may be 8
referred to as officers or employees, or members of staff, of the Commissioner. 9
Section 47A of the Constitution Act 1902 precludes the Commissioner from employing 10
staff unless authorised by legislation to do so (Section 69 of this Act authorises the 11
Commissioner to employ members of permanent fire brigades). 12
(2) This section does not apply to the members of permanent fire brigades. 13
[6] Section 68 Definition 14
Omit the definition of Director-General. Insert instead: 15
Industrial Relations Secretary means the Industrial Relations Secretary under 16
the Government Sector Employment Act 2013. 17
[7] Sections 70, 71, 72 and 74 18
Omit "Director-General" wherever occurring. 19
Insert instead "Industrial Relations Secretary". 20
[8] Schedule 2, clause 5 (1) (d) 21
Omit the paragraph. Insert instead: 22
(d) is removed from office under this clause, or 23
[9] Schedule 2, clause 7 (1) 24
Omit the subclause. Insert instead: 25
(1) The provisions of the Government Sector Employment Act 2013 relating to the 26
employment of Public Service employees do not apply to an appointed 27
member. 28
3.7 Government Information (Information Commissioner) Act 2009 No 53 29
[1] Section 10 30
Omit the section. Insert instead: 31
10 Commissioner not Public Service employee 32
The office of Commissioner is a statutory office and the provisions of the 33
Government Sector Employment Act 2013 relating to the employment of 34
Public Service employees do not apply to that office. 35
[2] Section 12 36
Omit the section. Insert instead: 37
12 Staff of Commissioner 38
Persons may be employed in the Public Service under the Government Sector 39
Employment Act 2013 to enable the Commissioner to exercise his or her 40
functions. 41
Page 34
Statute Law (Miscellaneous Provisions) Bill 2014 [NSW]
Schedule 3 Consequential and other amendments relating to enactment of Government Sector
Employment Act 2013
Note. Section 59 of the Government Sector Employment Act 2013 provides that the 1
persons so employed (or whose services the Commissioner makes use of) may be 2
referred to as officers or employees, or members of staff, of the Commissioner. 3
Section 47A of the Constitution Act 1902 precludes the Commissioner from employing 4
staff. 5
[3] Section 24 Report on compliance with Information Act 6
Omit section 24 (1) (c). Insert instead: 7
(c) where the conduct concerns the conduct of a Public Service employee, 8
to the Secretary of the Department of Premier and Cabinet. 9
3.8 Government Information (Public Access) Act 2009 No 52 10
[1] Section 4 Interpretation 11
Omit "Government Department" wherever occurring in the definition of agency in 12
section 4 (1), including in the note to that definition. 13
Insert instead "Public Service agency". 14
[2] Schedule 4 Interpretative provisions 15
Omit the definition of Government Department from clause 1. 16
Insert in alphabetical order: 17
Public Service agency means a Public Service agency under the Government 18
Sector Employment Act 2013. 19
3.9 Government Sector Employment Act 2013 No 40 20
[1] Section 5 Persons to whom Act does not apply 21
Omit ", or of the Inspector of the Independent Commission Against Corruption," from 22
section 5 (1) (d). 23
[2] Section 38 Assignment of senior executives to roles in bands across government 24
sector (other than heads of agencies) 25
Insert "in any Public Service agency" after "assigned to a role" in section 38 (3). 26
[3] Section 39 Contract of employment of senior executives 27
Omit section 39 (4) (b). 28
[4] Section 39 (6) 29
Omit "varied at any time by further agreement". 30
Insert instead "varied at any time in accordance with the contract or by further agreement". 31
[5] Section 39 (7) 32
Insert after section 39 (6): 33
(7) The regulations may make provision with respect to the compensation to 34
which a Public Service senior executive whose employment is terminated is 35
entitled under his or her contract of employment. 36
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Statute Law (Miscellaneous Provisions) Bill 2014 [NSW]
Schedule 3 Consequential and other amendments relating to enactment of Government Sector
Employment Act 2013
[6] Section 40 Remuneration, benefits and allowances for senior executives 1
Omit section 40 (2). Insert instead: 2
(2) The kinds and value of employment benefits and the allowances for a Public 3
Service senior executive are to be determined in accordance with the 4
regulations or (subject to the regulations) by the Commissioner. 5
[7] Section 41 Termination of employment of senior executives 6
Omit "the compensation" from section 41 (2). Insert instead "any compensation". 7
[8] Section 41 (4A) 8
Insert after section 41 (4): 9
(4A) A Public Service senior executive whose employment is terminated under the 10
provisions of or made under Part 5 relating to unsatisfactory performance or 11
misconduct is not entitled to compensation under this section. Those 12
provisions do not apply to a termination of employment under this section. 13
[9] Section 44 Conditions of engagement 14
Omit the section. 15
[10] Section 47 Termination of employment 16
Omit "condition of engagement as an employee imposed under section 44" from 17
section 47 (1) (a). 18
Insert instead "condition of engagement as an employee under section 54". 19
[11] Section 47 (1) (i) 20
Omit the paragraph. 21
[12] Section 54 22
Renumber section 54 as section 54A and insert before that renumbered section: 23
54 Conditions of engagement 24
(1) The engagement of a Public Service employee may be made subject to 25
conditions notified to the employee on his or her engagement. 26
(2) The conditions may include (without limitation) conditions dealing with any 27
of the following matters: 28
(a) probation, 29
(b) citizenship or residency requirements, 30
(c) formal qualifications, 31
(d) security and other clearances, 32
(e) health clearances. 33
(3) The imposition of conditions of engagement is subject to the government 34
sector employment rules. 35
(4) The contract of employment of a Public Service senior executive may include 36
conditions of engagement. 37
[13] Section 59 How references to employees etc of statutory bodies or officers to be 38
construed in other Acts, instruments and contracts 39
Insert "or statutory officer" after "statutory body" wherever occurring. 40
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Statute Law (Miscellaneous Provisions) Bill 2014 [NSW]
Schedule 3 Consequential and other amendments relating to enactment of Government Sector
Employment Act 2013
[14] Section 59 (1) 1
Omit "its functions" wherever occurring. Insert instead "functions". 2
[15] Section 59 (1) (b) 3
Omit "its capacity". Insert instead "the capacity". 4
[16] Section 64 Employee transfers and secondments between government sector 5
agencies 6
Omit section 64 (1), but not the note to that subsection. Insert instead: 7
(1) The government sector employment rules may deal with: 8
(a) the transfer of employees between government sector agencies, or 9
(b) the secondment of employees between government sector agencies, 10
whether or not at the request of the employees. 11
[17] Section 64 (2) and (4) 12
Insert "or secondment" after "transfer" wherever occurring. 13
[18] Section 64 (3) 14
Insert "or seconded" after "transferred". 15
[19] Section 64 (4A) and (4B) 16
Insert after section 64 (4): 17
(4A) The government sector employment rules may make provision with respect to 18
the recognition of service for the accrual of leave and to other matters 19
consequent on the transfer or secondment of employees between government 20
sector agencies. 21
(4B) This section does not apply to the transfer or secondment of an employee to or 22
from that part of the NSW Police Force comprising police officers. 23
[20] Section 64 (5) (b) 24
Insert "or secondments" after "transfers". 25
[21] Section 66 Secondment of staff between government sector agencies and other 26
relevant bodies 27
Omit section 66 (1) (a). 28
[22] Section 66 (1) (b) and (c) and (3) 29
Omit "temporarily assigned" wherever occurring. Insert instead "seconded". 30
[23] Section 66 (1) 31
Omit "such assignment". Insert instead "such secondment". 32
[24] Section 66 (2), (3) (a) and (5) 33
Omit "temporary assignment" wherever occurring. Insert instead "secondment". 34
[25] Section 66 (2) 35
Omit "between the heads of the government sector agencies or". 36
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Statute Law (Miscellaneous Provisions) Bill 2014 [NSW]
Schedule 3 Consequential and other amendments relating to enactment of Government Sector
Employment Act 2013
[26] Section 66 (3) (b) 1
Omit "assignment". Insert instead "secondment". 2
[27] Section 66 (4) 3
Omit "temporary assignments". Insert instead "secondments". 4
[28] Section 66 (6) 5
Omit paragraph (e) of the definition of non-government sector body. 6
[29] Section 68 Unsatisfactory performance of government sector employees 7
Insert after section 68 (2): 8
(3) This section does not apply to that part of the NSW Police Force comprising 9
police officers or to any employees of a government sector agency excluded 10
from this section by the regulations. 11
[30] Section 69 Misconduct--Public Service and other prescribed government sector 12
employees 13
Insert after paragraph (a) of the definition of government sector agency in section 69 (1): 14
(a1) that part of the NSW Police Force comprising administrative employees 15
under the Police Act 1990, and 16
[31] Section 69 (1), definition of "misconduct" 17
Insert after paragraph (c): 18
(d) a conviction or finding of guilt for a serious offence. 19
[32] Section 69 (1), definition of "serious offence" 20
Omit the definition. Insert instead: 21
serious offence means an offence punishable by imprisonment for life or for 22
12 months or more (including an offence committed outside New South Wales 23
that would be an offence so punishable if committed in New South Wales). 24
[33] Section 69 (2) 25
Omit "(or any conviction for a serious offence by any such employee)". 26
[34] Section 69 (3) (a) 27
Omit "or the conviction of any such employees for a serious offence". 28
[35] Section 69 (4) 29
Omit "or any such employee is found to have been convicted of a serious offence". 30
[36] Section 69 (6) 31
Omit the subsection. Insert instead: 32
(6) This section does not apply to that part of the NSW Police Force comprising 33
police officers or to any employees of a government sector agency excluded 34
from this section by the regulations. 35
[37] Section 70 Suspension of employees from duty pending decision in relation to 36
misconduct, criminal charge or corrupt conduct 37
Insert after paragraph (a) of the definition of government sector agency in section 70 (1): 38
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Statute Law (Miscellaneous Provisions) Bill 2014 [NSW]
Schedule 3 Consequential and other amendments relating to enactment of Government Sector
Employment Act 2013
(a1) that part of the NSW Police Force comprising administrative employees 1
under the Police Act 1990, and 2
[38] Section 76 Statutory officers to whom Part does not apply 3
Omit section 76 (h). Insert instead: 4
(h) the Solicitor General, the Crown Advocate, the Director of Public 5
Prosecutions, a Deputy Director of Public Prosecutions, the Solicitor for 6
Public Prosecutions, the Senior Public Defender, a Deputy Senior 7
Public Defender, a Public Defender, the Senior Crown Prosecutor, a 8
Deputy Senior Crown Prosecutor or a Crown Prosecutor, or 9
[39] Section 83 Inquiries by Public Service Commissioner or DPC Secretary into 10
government sector agencies 11
Omit ", or a person authorised by the Commissioner or DPC Secretary," from 12
section 83 (2). 13
[40] Section 83 (2A) 14
Insert after section 83 (2): 15
(2A) The Commissioner or DPC Secretary may appoint a person to act on behalf of 16
the Commissioner or DPC Secretary for the purposes of conducting an inquiry 17
under this section. Any such person is to act under the direction of the 18
Commissioner or DPC Secretary and has the functions conferred on the 19
Commissioner or DPC Secretary under this section. 20
[41] Section 83 (3) 21
Omit "or on behalf of" wherever occurring. 22
[42] Section 83 (4) 23
Omit ", or a person authorised by the Commissioner or DPC Secretary,". 24
[43] Section 83 (4) (e) 25
Omit ", Secretary or authorised person". Insert instead "or DPC Secretary". 26
[44] Section 83 (6) 27
Omit "(or authorise the conduct of)". 28
[45] Section 88 Regulations 29
Insert ", allowances" after "leave" in section 88 (2) (a). 30
[46] Schedule 4 Savings, transitional and other provisions 31
Insert at the end of the Schedule: 32
Part 3 Provisions consequent on enactment of Schedule 3 33
to Statute Law (Miscellaneous Provisions) Act 2014 34
14 Continuation in office of statutory and other officers 35
The appointment and term of office of a person holding office as a statutory or 36
other officer under an Act amended by Schedule 3 to the Statute Law 37
(Miscellaneous Provisions) Act 2014 on the commencement of the 38
amendments made to that Act by Schedule 3 are not affected by that Schedule. 39
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Schedule 3 Consequential and other amendments relating to enactment of Government Sector
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15 Savings and transitional regulations 1
A regulation that may be made under clause 2 of this Schedule consequent on 2
an amendment to an Act made by Schedule 3 to the Statute Law 3
(Miscellaneous Provisions) Act 2014 may be made instead under the Act as so 4
amended. 5
3.10 Government Telecommunications Act 1991 No 77 6
[1] Section 34 7
Omit the section. Insert instead: 8
34 Managing Director 9
The Managing Director of the Authority is the person employed in the Public 10
Service as the Managing Director. 11
[2] Section 37 General functions of the Authority 12
Omit section 37 (3) including the note. Insert instead: 13
(3) Persons may be employed in the Public Service under the Government Sector 14
Employment Act 2013 to enable the Authority to exercise its functions. 15
Note. Section 59 of the Government Sector Employment Act 2013 provides that the 16
persons so employed (or whose services the Authority makes use of) may be referred 17
to as officers or employees, or members of staff, of the Authority. Section 47A of the 18
Constitution Act 1902 precludes the Authority from employing staff. 19
[3] Section 38 (2) 20
Omit the subsection. 21
[4] Schedule 1, clause 8 (1) 22
Omit the subclause. Insert instead: 23
(1) The provisions of the Government Sector Employment Act 2013 relating to the 24
employment of Public Service employees do not apply to an appointed 25
member. 26
3.11 Growth Centres (Development Corporations) Act 1974 No 49 27
[1] Section 3 Definitions 28
Omit the definition of Director-General. 29
[2] Section 6A Development corporation boards 30
Omit section 6A (3) (c). Insert instead: 31
(c) the Secretary of the Department of Planning and Environment or a 32
person nominated by the Secretary. 33
[3] Section 6B Chief executives of development corporations 34
Omit section 6B (1), (2) and (5). Insert instead: 35
(1) The chief executive of a development corporation is the person employed in 36
the Public Service as the chief executive of that development corporation. 37
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Schedule 3 Consequential and other amendments relating to enactment of Government Sector
Employment Act 2013
[4] Section 32A 1
Omit the section. Insert instead: 2
32A Staff of development corporations 3
Persons may be employed in the Public Service under the Government Sector 4
Employment Act 2013 to enable a corporation to exercise its functions. 5
Note. Section 59 of the Government Sector Employment Act 2013 provides that the 6
persons so employed (or whose services a corporation makes use of) may be referred 7
to as officers or employees, or members of staff, of the corporation. Section 47A of the 8
Constitution Act 1902 precludes a corporation from employing staff. 9
[5] Schedule 2, clause 1A 10
Omit the clause. 11
[6] Schedule 2, clauses 4 (2) and 6 (2) 12
Omit "member (other than a chief executive)" wherever occurring. 13
Insert instead "appointed member". 14
[7] Schedule 2, clause 5 15
Omit the clause. Insert instead: 16
5 Application of Government Sector Employment Act 2013 17
The provisions of the Government Sector Employment Act 2013 relating to the 18
employment of Public Service employees do not apply to an appointed 19
member. 20
[8] Schedule 2, clause 6 (1) 21
Omit "A member (other than a chief executive)". Insert instead "An appointed member". 22
[9] Schedule 2, clause 7 23
Omit "a member (other than a chief executive)". Insert instead "an appointed member". 24
3.12 Health Care Complaints Act 1993 No 105 25
[1] Section 4 Definitions 26
Omit the definitions of Director-General and officer of the Commission. 27
[2] Section 4 28
Insert in alphabetical order: 29
Health Secretary means the Secretary of the Ministry of Health. 30
[3] The whole Act (except Schedule 4 and where otherwise amended by this 31
Subschedule) 32
Omit "Director-General" and "Director-General's" wherever occurring. 33
Insert instead "Health Secretary" and "Health Secretary's" respectively. 34
[4] Section 76 Appointment of Commissioner 35
Insert after section 76 (2): 36
(3) Schedule 1A contains provisions relating to the Commissioner. 37
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Statute Law (Miscellaneous Provisions) Bill 2014 [NSW]
Schedule 3 Consequential and other amendments relating to enactment of Government Sector
Employment Act 2013
[5] Section 77 The Commissioner 1
Omit the section. 2
[6] Section 80 Functions of Commission 3
Omit section 80 (5) including the note. Insert instead: 4
(5) Persons may be employed in the Public Service under the Government Sector 5
Employment Act 2013 to enable the Commission to exercise its functions. 6
Note. Section 59 of the Government Sector Employment Act 2013 provides that the 7
persons so employed (or whose services the Commission makes use of) may be 8
referred to as officers or employees, or members of staff, of the Commission. 9
Section 47A of the Constitution Act 1902 precludes the Commission from employing 10
staff. 11
[7] Schedule 1A 12
Insert after Schedule 1: 13
Schedule 1A Provisions relating to Commissioner 14
(Section 76 (3)) 15
1 Term of office 16
(1) The Commissioner holds office for such term, not exceeding 5 years, as may 17
be specified in the instrument of appointment, but is eligible (if otherwise 18
qualified) for re-appointment. 19
(2) A person is not eligible to be appointed for more than 2 terms of office as 20
Commissioner (whether or not consecutive terms). 21
2 Full-time office 22
The office of Commissioner is a full-time office and the holder of the office is 23
required to hold it on that basis, except to the extent permitted by the Minister. 24
3 Employment and remuneration 25
(1) The employment of the Commissioner is (subject to this Schedule) to be 26
governed by a contract of employment between the Commissioner and the 27
Minister. 28
(2) The following provisions of or made under the Government Sector 29
Employment Act 2013 relating to the employment of Public Service senior 30
executives apply to the Commissioner (but in the application of those 31
provisions a reference to the employer of any such executive is to be read as a 32
reference to the Minister): 33
(a) provisions relating to the band in which an executive is to be employed, 34
(b) provisions relating to the contract of employment of an executive, 35
(c) provisions relating to the remuneration, employment benefits and 36
allowances of an executive. 37
4 Vacancy in office 38
(1) The office of Commissioner becomes vacant if the holder: 39
(a) dies, or 40
(b) completes a term of office and is not re-appointed, or 41
(c) resigns the office by instrument in writing addressed to the Minister, or 42
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Schedule 3 Consequential and other amendments relating to enactment of Government Sector
Employment Act 2013
(d) becomes bankrupt, applies to take the benefit of any law for the relief of 1
bankrupt or insolvent debtors, compounds with his or her creditors or 2
makes an assignment of his or her remuneration for their benefit, or 3
(e) becomes a mentally incapacitated person, or 4
(f) is convicted in New South Wales of an offence that is punishable by 5
imprisonment for 12 months or more or is convicted elsewhere than in 6
New South Wales of an offence that, if committed in New South Wales, 7
would be an offence so punishable, or 8
(g) is removed from office under clause 5. 9
(2) If the office of Commissioner becomes vacant, a person is, subject to this Act, 10
to be appointed to fill the vacancy. 11
5 Removal from office 12
(1) The Governor may remove the Commissioner from office, but only for 13
incompetence, incapacity or misbehaviour. 14
(2) The Commissioner cannot be removed from office under Part 6 of the 15
Government Sector Employment Act 2013. 16
6 Commissioner not Public Service employee 17
The office of Commissioner is a statutory office and the provisions of the 18
Government Sector Employment Act 2013 relating to the employment of 19
Public Service employees do not apply to that office (except as provided by 20
clause 3). 21
[8] Schedule 2, clause 4 (1) 22
Omit the subclause. Insert instead: 23
(1) The office of a conciliator is a statutory office and the provisions of the 24
Government Sector Employment Act 2013 relating to the employment of 25
Public Service employees do not apply to that office. 26
3.13 Health Services Act 1997 No 154 27
[1] The whole Act (except Schedules 6A and 7) 28
Omit "Director-General" and "Director-General's" wherever occurring. 29
Insert instead "Health Secretary" and "Health Secretary's" respectively. 30
[2] Schedule 4, clause 4 (5) 31
Omit "or Part 3.1 of the Public Sector Employment and Management Act 2002". 32
Insert instead "or Part 4 of the Government Sector Employment Act 2013". 33
[3] Schedule 6A 34
Omit "Director-General of the Ministry of Health" wherever occurring. 35
Insert instead "Health Secretary". 36
[4] Dictionary 37
Omit the definition of Director-General. Insert in alphabetical order: 38
Health Secretary means the Secretary of the Ministry of Health. 39
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Schedule 3 Consequential and other amendments relating to enactment of Government Sector
Employment Act 2013
3.14 Independent Commission Against Corruption Act 1988 No 35 1
[1] Section 3 Definitions 2
Omit paragraphs (a) and (c) of the definition of public authority. Insert instead: 3
(a) a Public Service agency or any other government sector agency within 4
the meaning of the Government Sector Employment Act 2013, 5
[2] Section 3, definition of "public official" 6
Omit paragraph (g). Insert instead: 7
(g) a person employed in a Public Service agency or any other government 8
sector agency within the meaning of the Government Sector 9
Employment Act 2013, 10
[3] Section 57E Staff of Inspector 11
Omit section 57E (1) and (2). Insert instead: 12
(1) Persons employed in the Public Service under the Government Sector 13
Employment Act 2013 to enable the Inspector to exercise his or her functions 14
are subject to the control and direction of the Inspector. 15
(2) Subsection (1) does not affect the exercise of the functions under the 16
Government Sector Employment Act 2013 of the head of the Public Service 17
agency in which those persons are employed. The head of that agency may 18
delegate those functions under that Act to the Inspector. 19
[4] Section 57E (4A) and (6) 20
Omit the subsections. 21
[5] Section 104 Appointment of staff 22
Omit section 104 (4). Insert as a note to the section: 23
Note. Section 5 of the Government Sector Employment Act 2013 excludes the 24
application of that Act to the staff of the Commission. 25
[6] Section 104A Arrangements for use of services of other staff 26
Omit section 104A (3). Insert at the end of the section: 27
Note. Section 5 of the Government Sector Employment Act 2013 excludes the 28
application of that Act to the staff of the Commission. 29
[7] Schedule 1, clause 8 30
Omit the clause. Insert instead: 31
8 Public Service employment provisions excluded 32
The offices of Commissioner and Assistant Commissioner are statutory 33
offices and the provisions of the Government Sector Employment Act 2013 34
relating to the employment of Public Service employees do not apply to those 35
offices. 36
[8] Schedule 1A, clause 9 (1) 37
Omit the subclause. Insert instead: 38
(1) The office of Inspector is a statutory office and the provisions of the 39
Government Sector Employment Act 2013 relating to the employment of 40
Public Service employees do not apply to that office. 41
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Schedule 3 Consequential and other amendments relating to enactment of Government Sector
Employment Act 2013
3.15 Internal Audit Bureau Act 1992 No 20 1
[1] Section 5 Functions of the Bureau 2
Omit section 5 (3) including the note. Insert instead: 3
(3) The Bureau may employ staff. The provisions of the Government Sector 4
Employment Act 2013 relating to the employment of Public Service employees 5
do not apply to staff employed by the Bureau. 6
[2] Section 6 Establishment of the Board 7
Omit section 6 (2) (b1). Insert instead: 8
(b1) the Chief Executive of the Office of Finance and Services or an 9
employee of that Office nominated by the Chief Executive of that 10
Office, and 11
[3] Section 8 Chief Executive 12
Omit section 8 (2)-(5). Insert instead: 13
(2) Schedule 1A contains provisions relating to the Chief Executive. 14
[4] Schedule 1, clause 8 (1) 15
Omit the subclause. Insert instead: 16
(1) The provisions of the Government Sector Employment Act 2013 relating to the 17
employment of Public Service employees do not apply to an appointed 18
member. 19
[5] Schedule 1A 20
Insert after Schedule 1: 21
Schedule 1A Provisions relating to Chief Executive 22
(Section 8 (2)) 23
1 Acting Chief Executive 24
(1) The Minister may, from time to time, appoint a person to act in the office of 25
Chief Executive during the illness or absence of the Chief Executive or during 26
a vacancy in the office of Chief Executive. The person, while so acting, has all 27
the functions of the Chief Executive and is taken to be the Chief Executive. 28
(2) The Minister may, at any time, remove a person from office as acting Chief 29
Executive. 30
(3) An acting Chief Executive is entitled to be paid such remuneration (including 31
travelling and subsistence allowances) as the Minister may from time to time 32
determine. 33
2 Term of office 34
Subject to this Schedule, a person appointed as Chief Executive holds office 35
for such period (not exceeding 5 years) as may be specified in the person's 36
instrument of appointment, but is eligible (if otherwise qualified) for 37
re-appointment. 38
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3 Approval required to undertake other paid work 1
The Chief Executive is not to undertake any paid work outside the duties of 2
Chief Executive without the consent of the Minister or the Chairperson of the 3
Board of the Bureau. 4
4 Remuneration 5
The Chief Executive is entitled to be paid such remuneration as the Board of 6
the Bureau may, with the concurrence of the Minister, determine. 7
5 Vacancy in office 8
(1) The office of a person appointed as Chief Executive becomes vacant if the 9
person: 10
(a) dies, or 11
(b) completes a term of office and is not re-appointed, or 12
(c) resigns the office by instrument in writing addressed to the Minister, or 13
(d) is removed from office by the Governor under this clause, or 14
(e) is absent from duty for 14 days (whether or not wholly or partly 15
consecutive) in any period of 12 months, except on leave granted by the 16
Chairperson of the Board of the Bureau or unless the absence is 17
occasioned by illness or other unavoidable cause, or 18
(f) becomes bankrupt, applies to take the benefit of any law for the relief of 19
bankrupt or insolvent debtors, compounds with his or her creditors or 20
makes an assignment of his or her remuneration for their benefit, or 21
(g) becomes a mentally incapacitated person, or 22
(h) is convicted in New South Wales of an offence that is punishable by 23
imprisonment for 12 months or more or is convicted elsewhere than in 24
New South Wales of an offence that, if committed in New South Wales, 25
would be an offence so punishable, or 26
(i) engages in any paid employment outside the duties of the office of Chief 27
Executive, except with the consent of the Minister or the Chairperson of 28
the Board of the Bureau. 29
(2) The Governor may remove the Chief Executive from office for incompetence, 30
incapacity or misbehaviour. 31
6 Filling of vacancy in office 32
If the office of Chief Executive becomes vacant, a person is, subject to this 33
Act, to be appointed to fill the vacancy. 34
7 Chief Executive a statutory officer and not Public Service employee 35
The office of Chief Executive is a statutory office and the provisions of the 36
Government Sector Employment Act 2013 relating to the employment of 37
Public Service employees do not apply to that office. 38
Commencement 39
Schedule 3.15 [1] commences on a day to be appointed by proclamation. 40
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Schedule 3 Consequential and other amendments relating to enactment of Government Sector
Employment Act 2013
3.16 Legal Aid Commission Act 1979 No 78 1
[1] Section 10 Functions of the Commission 2
Omit section 10 (5) including the note. Insert instead: 3
(5) Persons may be employed in the Public Service under the Government Sector 4
Employment Act 2013 to enable the Commission to exercise its functions. 5
Note. Section 59 of the Government Sector Employment Act 2013 provides that the 6
persons so employed (or whose services the Commission makes use of) may be 7
referred to as officers or employees, or members of staff, of the Commission. 8
Section 47A of the Constitution Act 1902 precludes the Commission from employing 9
staff. 10
[2] Section 16 Chief Executive Officer 11
Omit section 16 (3). Insert instead: 12
(3) Schedule 3A contains provisions relating to the Chief Executive Officer. 13
[3] Schedule 2, clause 9 (1) 14
Omit the subclause. Insert instead: 15
(1) The provisions of the Government Sector Employment Act 2013 relating to the 16
employment of Public Service employees do not apply to a member of the 17
Board. 18
[4] Schedule 3A 19
Insert after Schedule 3: 20
Schedule 3A Provisions relating to Chief Executive Officer 21
(Section 16 (3)) 22
1 Term of office 23
The Chief Executive Officer holds office for such term, not exceeding 5 years, 24
as may be specified in the instrument of appointment, but is eligible (if 25
otherwise qualified) for re-appointment. 26
2 Full-time office 27
The office of Chief Executive Officer is a full-time office and the holder of the 28
office is required to hold it on that basis, except to the extent permitted by the 29
Minister. 30
3 Employment and remuneration 31
(1) The employment of the Chief Executive Officer is (subject to this Schedule) 32
to be governed by a contract of employment between the Chief Executive 33
Officer and the Minister. 34
(2) The following provisions of or made under the Government Sector 35
Employment Act 2013 relating to the employment of Public Service senior 36
executives apply to the Chief Executive Officer (but in the application of those 37
provisions a reference to the employer of any such executive is to be read as a 38
reference to the Minister): 39
(a) provisions relating to the band in which an executive is to be employed, 40
(b) provisions relating to the contract of employment of an executive, 41
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Schedule 3 Consequential and other amendments relating to enactment of Government Sector
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(c) provisions relating to the remuneration, employment benefits and 1
allowances of an executive, 2
(d) provisions relating to the termination of employment of an executive. 3
4 Vacancy in office 4
(1) The office of Chief Executive Officer becomes vacant if the holder: 5
(a) dies, or 6
(b) completes a term of office and is not re-appointed, or 7
(c) resigns the office by instrument in writing addressed to the Minister, or 8
(d) becomes bankrupt, applies to take the benefit of any law for the relief of 9
bankrupt or insolvent debtors, compounds with his or her creditors or 10
makes an assignment of his or her remuneration for their benefit, or 11
(e) becomes a mentally incapacitated person, or 12
(f) is convicted in New South Wales of an offence that is punishable by 13
imprisonment for 12 months or more or is convicted elsewhere than in 14
New South Wales of an offence that, if committed in New South Wales, 15
would be an offence so punishable, or 16
(g) is removed from office under clause 3. 17
(2) If the office of Chief Executive Officer becomes vacant, a person is, subject to 18
this Act, to be appointed to fill the vacancy. 19
5 Chief Executive Officer not Public Service employee 20
The office of Chief Executive Officer is a statutory office and the provisions 21
of the Government Sector Employment Act 2013 relating to the employment 22
of Public Service employees do not apply to that office (except as provided by 23
clause 3). 24
3.17 Legal Profession Act 2004 No 112 25
[1] Section 686 Appointment of Commissioner 26
Omit section 686 (3)-(5). Insert instead: 27
(3) Schedule 2A contains provisions relating to the Legal Services Commissioner. 28
[2] Section 692 Staff of Commissioner 29
Omit section 692 (1) and (2). Insert instead: 30
(1) Persons may be employed in the Public Service under the Government Sector 31
Employment Act 2013 to enable the Commissioner to exercise his or her 32
functions. 33
Note. Section 59 of the Government Sector Employment Act 2013 provides that the 34
persons so employed (or whose services the Commissioner makes use of) may be 35
referred to as officers or employees, or members of staff, of the Commissioner. 36
Section 47A of the Constitution Act 1902 precludes the Commissioner from employing 37
staff. 38
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Schedule 3 Consequential and other amendments relating to enactment of Government Sector
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[3] Schedule 2A 1
Insert after Schedule 2: 2
Schedule 2A Provisions relating to Legal Services 3
Commissioner 4
(Section 686 (3)) 5
1 Term of office 6
The Commissioner holds office for such term, not exceeding 7 years, as may 7
be specified in the instrument of appointment, but is eligible (if otherwise 8
qualified) for re-appointment. 9
2 Full-time office 10
The office of Commissioner is a full-time office and the holder of the office is 11
required to hold it on that basis, except to the extent permitted by the Minister. 12
3 Employment and remuneration 13
(1) The employment of the Commissioner is (subject to this Schedule) to be 14
governed by a contract of employment between the Commissioner and the 15
Minister. 16
(2) The following provisions of or made under the Government Sector 17
Employment Act 2013 relating to the employment of Public Service senior 18
executives apply to the Commissioner (but in the application of those 19
provisions a reference to the employer of any such executive is to be read as a 20
reference to the Minister): 21
(a) provisions relating to the band in which an executive is to be employed, 22
(b) provisions relating to the contract of employment of an executive, 23
(c) provisions relating to the remuneration, employment benefits and 24
allowances of an executive. 25
4 Vacancy in office 26
(1) The office of Commissioner becomes vacant if the holder: 27
(a) dies, or 28
(b) completes a term of office and is not re-appointed, or 29
(c) resigns the office by instrument in writing addressed to the Minister, or 30
(d) becomes bankrupt, applies to take the benefit of any law for the relief of 31
bankrupt or insolvent debtors, compounds with his or her creditors or 32
makes an assignment of his or her remuneration for their benefit, or 33
(e) becomes a mentally incapacitated person, or 34
(f) is convicted in New South Wales of an offence that is punishable by 35
imprisonment for 12 months or more or is convicted elsewhere than in 36
New South Wales of an offence that, if committed in New South Wales, 37
would be an offence so punishable, or 38
(g) is removed from office under clause 5. 39
(2) If the office of Commissioner becomes vacant, a person is, subject to this Act, 40
to be appointed to fill the vacancy. 41
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5 Removal from office 1
The Governor may remove the Commissioner from office, but only for 2
incompetence, incapacity or misbehaviour. 3
6 Commissioner not Public Service employee 4
The office of Commissioner is a statutory office and the provisions of the 5
Government Sector Employment Act 2013 relating to the employment of 6
Public Service employees do not apply to that office (except as provided by 7
clause 3). 8
[4] Schedule 4, clause 9 (1) 9
Omit the subclause. Insert instead: 10
(1) The provisions of the Government Sector Employment Act 2013 relating to the 11
employment of Public Service employees do not apply to a Trustee. 12
[5] Schedule 5, clause 5 (1) 13
Omit the subclause. Insert instead: 14
(1) The provisions of the Government Sector Employment Act 2013 relating to the 15
employment of Public Service employees do not apply to a costs assessor. 16
3.18 Local Government Act 1993 No 30 17
[1] Section 247 Assistance for the Remuneration Tribunal 18
Omit "such persons employed under Part 2 of the Public Sector Management Act 1988". 19
Insert instead "such Public Service employees". 20
[2] Section 347 References 21
Insert at the end of the section: 22
(3) A reference in this section to a provision of Part 9A of the Anti-Discrimination 23
Act 1977 is a reference to that provision as in force immediately before the 24
repeal of that Part of that Act by the Government Sector Employment Act 2013. 25
[3] Schedule 1, clause 5 (1) 26
Omit the subclause. Insert instead: 27
(1) The provisions of the Government Sector Employment Act 2013 relating to the 28
employment of Public Service employees do not apply to a person appointed 29
as the Remuneration Tribunal. 30
[4] Schedule 1 (clause 6 (1) (g)), Schedule 2 (clause 5 (1) (h)) and Schedule 5 31
(clause 5 (1) (g)) 32
Omit "or under Part 8 of the Public Sector Management Act 1988" wherever occurring. 33
[5] Schedule 2, clause 4 (1) 34
Omit the subclause. Insert instead: 35
(1) The provisions of the Government Sector Employment Act 2013 relating to the 36
employment of Public Service employees do not apply to a commissioner or 37
acting commissioner. 38
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Statute Law (Miscellaneous Provisions) Bill 2014 [NSW]
Schedule 3 Consequential and other amendments relating to enactment of Government Sector
Employment Act 2013
[6] Schedule 3, clause 7 (1) 1
Omit the subclause. Insert instead: 2
(1) The provisions of the Government Sector Employment Act 2013 relating to the 3
employment of Public Service employees do not apply to an appointed 4
member. 5
[7] Schedule 5, clause 4 (1) 6
Omit the subclause. Insert instead: 7
(1) The provisions of the Government Sector Employment Act 2013 relating to the 8
employment of Public Service employees do not apply to a commissioner or 9
acting commissioner. 10
3.19 Major Events Act 2009 No 73 11
[1] Section 4 Definitions 12
Omit paragraph (c) of the definition of government agency. Insert instead: 13
(c) a Public Service agency, or 14
[2] Section 11 Chief executives of major event authorities 15
Omit section 11 (1) and (5). Insert instead: 16
(1) The chief executive of a major event authority is the person employed in the 17
Public Service as the chief executive of that authority. 18
[3] Schedule 1, clause 9 (1) 19
Omit the subclause. Insert instead: 20
(1) The provisions of the Government Sector Employment Act 2013 relating to the 21
employment of Public Service employees do not apply to a member. 22
[4] Schedule 2, clause 3 (5) 23
Omit "under Part 3.1 of the Public Sector Employment and Management Act 2002". 24
Insert instead "under the Government Sector Employment Act 2013". 25
3.20 NSW Trustee and Guardian Act 2009 No 49 26
[1] Section 7 Chief Executive Officer 27
Omit section 7 (2), (3) and (4). Insert instead: 28
(2) Schedule 3 contains provisions relating to the Chief Executive Officer. 29
[2] Section 9 Delegation 30
Omit section 9 (4) (a). Insert instead: 31
(a) a member of staff of the NSW Trustee, or 32
[3] Section 10 Functions generally 33
Omit section 10 (3) including the note. Insert instead: 34
(3) Persons may be employed in the Public Service under the Government Sector 35
Employment Act 2013 to enable the NSW Trustee to exercise its functions. 36
Note. Section 59 of the Government Sector Employment Act 2013 provides that the 37
persons so employed (or whose services the NSW Trustee makes use of) may be 38
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Schedule 3 Consequential and other amendments relating to enactment of Government Sector
Employment Act 2013
referred to as officers or employees, or members of staff, of the NSW Trustee. 1
Section 47A of the Constitution Act 1902 precludes the NSW Trustee from employing 2
staff. 3
[4] Schedule 3 4
Insert as Schedule 3: 5
Schedule 3 Provisions relating to Chief Executive Officer 6
(Section 7 (2)) 7
1 Term of office 8
The Chief Executive Officer holds office for such term, not exceeding 5 years, 9
as may be specified in the instrument of appointment, but is eligible (if 10
otherwise qualified) for re-appointment. 11
2 Full-time office 12
The office of Chief Executive Officer is a full-time office and the holder of the 13
office is required to hold it on that basis, except to the extent permitted by the 14
Minister. 15
3 Employment and remuneration 16
(1) The employment of the Chief Executive Officer is (subject to this Schedule) 17
to be governed by a contract of employment between the Chief Executive 18
Officer and the Minister. 19
(2) The following provisions of or made under the Government Sector 20
Employment Act 2013 relating to the employment of Public Service senior 21
executives apply to the Chief Executive Officer (but in the application of those 22
provisions a reference to the employer of any such executive is to be read as a 23
reference to the Minister): 24
(a) provisions relating to the band in which an executive is to be employed, 25
(b) provisions relating to the contract of employment of an executive, 26
(c) provisions relating to the remuneration, employment benefits and 27
allowances of an executive. 28
4 Vacancy in office 29
(1) The office of Chief Executive Officer becomes vacant if the holder: 30
(a) dies, or 31
(b) completes a term of office and is not re-appointed, or 32
(c) resigns the office by instrument in writing addressed to the Minister, or 33
(d) becomes bankrupt, applies to take the benefit of any law for the relief of 34
bankrupt or insolvent debtors, compounds with his or her creditors or 35
makes an assignment of his or her remuneration for their benefit, or 36
(e) becomes a mentally incapacitated person, or 37
(f) is convicted in New South Wales of an offence that is punishable by 38
imprisonment for 12 months or more or is convicted elsewhere than in 39
New South Wales of an offence that, if committed in New South Wales, 40
would be an offence so punishable, or 41
(g) is removed from office under clause 5. 42
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Schedule 3 Consequential and other amendments relating to enactment of Government Sector
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(2) If the office of Chief Executive Officer becomes vacant, a person is, subject to 1
this Act, to be appointed to fill the vacancy. 2
5 Removal from office 3
(1) The Governor may remove the Chief Executive Officer from office, but only 4
for incompetence, incapacity or misbehaviour. 5
(2) The Chief Executive Officer cannot be removed from office under Part 6 of 6
the Government Sector Employment Act 2013. 7
6 Chief Executive Officer not Public Service employee 8
The office of Chief Executive Officer is a statutory office and the provisions 9
of the Government Sector Employment Act 2013 relating to the employment 10
of Public Service employees do not apply to that office (except as provided by 11
clause 3). 12
3.21 Ombudsman Act 1974 No 68 13
[1] Section 5 Definitions 14
Omit the definitions of Department and Department Head. 15
[2] Section 5 (1), definition of "head" 16
Omit paragraph (a). Insert instead: 17
(a) in relation to a public authority that is a Public Service agency or a 18
person employed in a Public Service agency--the head of the agency, 19
and 20
[3] Section 5 (1), definition of "public authority" 21
Omit paragraph (c). Insert instead: 22
(c) any Public Service agency or any person employed in a Public Service 23
agency, 24
[4] Section 5 (1), definition of "responsible Minister" 25
Omit paragraph (a). Insert instead: 26
(a) in relation to a public authority that is a Public Service agency or a 27
person employed in a Public Service agency--the Minister responsible 28
for that agency or, in the case where more than one Minister is 29
responsible for that agency, the Minister who, in the opinion of the 30
Ombudsman, is most nearly connected with the conduct of that agency, 31
and 32
[5] Section 6 Office of Ombudsman 33
Omit section 6 (6). Insert instead: 34
(6) The office of Ombudsman is a statutory office and the provisions of the 35
Government Sector Employment Act 2013 relating to the employment of 36
Public Service employees do not apply to that office. 37
[6] Section 8 Deputy Ombudsman and Assistant Ombudsman 38
Omit section 8 (3) and (4). Insert instead: 39
(3) The offices of Deputy Ombudsman and Assistant Ombudsman are statutory 40
offices and the provisions of the Government Sector Employment Act 2013 41
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Schedule 3 Consequential and other amendments relating to enactment of Government Sector
Employment Act 2013
relating to the employment of Public Service employees do not apply to those 1
offices (except as provided by subsection (4B)). 2
(4) A Deputy Ombudsman and an Assistant Ombudsman hold office for such 3
term, not exceeding 5 years, as may be specified in the instrument of 4
appointment, but are eligible (if otherwise qualified) for re-appointment. 5
(4A) The employment of a Deputy Ombudsman and an Assistant Ombudsman is 6
(subject to this section) to be governed by a contract of employment between 7
the Deputy Ombudsman or Assistant Ombudsman and the Ombudsman. 8
(4B) The following provisions of or made under the Government Sector 9
Employment Act 2013 relating to the employment of Public Service senior 10
executives apply to a Deputy Ombudsman and an Assistant Ombudsman (but 11
in the application of those provisions a reference to the employer of any such 12
executive is to be read as a reference to the Ombudsman): 13
(a) provisions relating to the band in which an executive is to be employed, 14
(b) provisions relating to the contract of employment of an executive, 15
(c) provisions relating to the remuneration, employment benefits and 16
allowances of an executive, 17
(d) provisions relating to the termination of employment of an executive. 18
(4C) The office of a Deputy Ombudsman or an Assistant Ombudsman becomes 19
vacant if the holder: 20
(a) dies, or 21
(b) completes a term of office and is not re-appointed, or 22
(c) resigns the office by instrument in writing addressed to the Minister, or 23
(d) becomes bankrupt, applies to take the benefit of any law for the relief of 24
bankrupt or insolvent debtors, compounds with his or her creditors or 25
makes an assignment of his or her remuneration for their benefit, or 26
(e) becomes a mentally incapacitated person, or 27
(f) is convicted in New South Wales of an offence that is punishable by 28
imprisonment for 12 months or more or is convicted elsewhere than in 29
New South Wales of an offence that, if committed in New South Wales, 30
would be an offence so punishable, or 31
(g) is removed from office under subsection (4B). 32
[7] Section 25A Definitions 33
Omit paragraph (a1) of the definition of designated government agency. Insert instead: 34
(a1) a Public Service agency (or a part of such an agency) prescribed by the 35
regulations for the purposes of this definition, 36
[8] Sections 26 (3) (c) and 28 (c) 37
Omit "employed under the Public Sector Management Act 1988, to the Premier's 38
Department" wherever occurring. 39
Insert instead "a Public Service employee, to the Department of Premier and Cabinet". 40
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Schedule 3 Consequential and other amendments relating to enactment of Government Sector
Employment Act 2013
[9] Section 32 Staff 1
Omit section 32 (1). Insert instead: 2
(1) Persons may be employed in the Public Service under the Government Sector 3
Employment Act 2013 to enable the Ombudsman to exercise his or her 4
functions. 5
3.22 Police Act 1990 No 47 6
[1] Section 78 Promotion, transfer and re-appointment following resignation 7
Omit "re-appointed under section 103 (Re-appointment of employees resigning to contest 8
Commonwealth elections) of the Public Sector Employment and Management Act 2002" 9
from section 78 (3). 10
Insert instead "re-appointed under section 72 (Re-employment of employees resigning to 11
contest Commonwealth elections) of the Government Sector Employment Act 2013". 12
[2] Part 8, note 13
Omit the note. Insert instead: 14
Note. Other provisions relating to members of the NSW Police Force are to be found 15
in Part 5 of the Government Sector Employment Act 2013. 16
[3] Section 218 Industrial Relations Act 1996 not affected 17
Omit "or 89" from section 218 (2). Insert instead "or 88". 18
3.23 Police Integrity Commission Act 1996 No 28 19
Section 92 Staff of Inspector 20
Omit section 92 (1) and (2). Insert instead: 21
(1) Persons employed in the Public Service under the Government Sector 22
Employment Act 2013 to enable the Inspector to exercise his or her functions 23
are subject to the control and direction of the Inspector. 24
(2) Subsection (1) does not affect the exercise of the functions under the 25
Government Sector Employment Act 2013 of the head of the Public Service 26
agency in which those persons are employed. The head of that agency may 27
delegate those functions under that Act to the Inspector. 28
3.24 Privacy and Personal Information Protection Act 1998 No 133 29
[1] Section 3 Definitions 30
Omit "government department" from paragraph (a) of the definition of public sector 31
agency. 32
Insert instead "Public Service agency". 33
[2] Section 3 (1), definition of "public sector agency" 34
Omit paragraph (e1). 35
[3] Section 3 (1), definition of "public sector official" 36
Omit "the Government Service" from paragraph (c). 37
Insert instead "the Public Service, the Transport Service of New South Wales". 38
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Schedule 3 Consequential and other amendments relating to enactment of Government Sector
Employment Act 2013
[4] Section 35E 1
Omit the section. Insert instead: 2
35E Privacy Commissioner a statutory officer and not Public Service employee 3
The office of Privacy Commissioner is a statutory office and the provisions of 4
the Government Sector Employment Act 2013 relating to the employment of 5
Public Service employees do not apply to that office. 6
[5] Section 35G 7
Omit the section. Insert instead: 8
35G Staff of Privacy Commissioner 9
Persons may be employed in the Public Service under the Government Sector 10
Employment Act 2013 to enable the Privacy Commissioner to exercise his or 11
her functions. 12
Note. Section 59 of the Government Sector Employment Act 2013 provides that the 13
persons so employed (or whose services the Privacy Commissioner makes use of) 14
may be referred to as officers or employees, or members of staff, of the Privacy 15
Commissioner. Section 47A of the Constitution Act 1902 precludes the Privacy 16
Commissioner from employing staff. 17
[6] Schedule 2, clause 7 (1) 18
Omit the subclause. Insert instead: 19
(1) The provisions of the Government Sector Employment Act 2013 relating to the 20
employment of Public Service employees do not apply to a member. 21
3.25 Protection of the Environment Administration Act 1991 No 60 22
[1] Section 7 General functions of Authority 23
Omit section 7 (3) including the note. Insert instead: 24
(3) Persons may be employed in the Public Service under the Government Sector 25
Employment Act 2013 to enable the Authority to exercise its functions. 26
Note. Section 59 of the Government Sector Employment Act 2013 provides that the 27
persons so employed (or whose services the Authority makes use of) may be referred 28
to as officers or employees, or members of staff, of the Authority. Section 47A of the 29
Constitution Act 1902 precludes the Authority from employing staff. 30
[2] Section 18 Chairperson of the Authority 31
Omit section 18 (4) and (5). Insert instead: 32
(4) Schedule 2A contains provisions relating to the Chairperson. 33
[3] Schedule 1, clause 6 (1) (d) 34
Omit the paragraph. Insert instead: 35
(d) is removed from office by the Governor under this clause or under 36
Part 6 of the Government Sector Employment Act 2013, or 37
[4] Schedule 1, clause 9 (1) 38
Omit the subclause. Insert instead: 39
(1) The provisions of the Government Sector Employment Act 2013 relating to the 40
employment of Public Service employees do not apply to an appointed 41
member. 42
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Statute Law (Miscellaneous Provisions) Bill 2014 [NSW]
Schedule 3 Consequential and other amendments relating to enactment of Government Sector
Employment Act 2013
[5] Schedule 2, clause 8 (1) 1
Omit the subclause. Insert instead: 2
(1) The provisions of the Government Sector Employment Act 2013 relating to the 3
employment of Public Service employees do not apply to a member. 4
[6] Schedule 2A 5
Insert after Schedule 2: 6
Schedule 2A Provisions relating to Chairperson of 7
Authority 8
(Section 18 (4)) 9
1 Term of office 10
The Chairperson holds office for such term, not exceeding 5 years, as may be 11
specified in the instrument of appointment, but is eligible (if otherwise 12
qualified) for re-appointment. 13
2 Employment and remuneration 14
(1) The employment of the Chairperson is (subject to this Schedule) to be 15
governed by a contract of employment between the Chairperson and the 16
Minister. 17
(2) The following provisions of or made under the Government Sector 18
Employment Act 2013 relating to the employment of Public Service senior 19
executives apply to the Chairperson (but in the application of those provisions 20
a reference to the employer of any such executive is to be read as a reference 21
to the Minister): 22
(a) provisions relating to the band in which an executive is to be employed, 23
(b) provisions relating to the contract of employment of an executive, 24
(c) provisions relating to the remuneration, employment benefits and 25
allowances of an executive. 26
3 Vacancy in office 27
(1) The office of Chairperson becomes vacant if the holder: 28
(a) dies, or 29
(b) completes a term of office and is not re-appointed, or 30
(c) resigns the office by instrument in writing addressed to the Minister, or 31
(d) becomes bankrupt, applies to take the benefit of any law for the relief of 32
bankrupt or insolvent debtors, compounds with his or her creditors or 33
makes an assignment of his or her remuneration for their benefit, or 34
(e) becomes a mentally incapacitated person, or 35
(f) is convicted in New South Wales of an offence that is punishable by 36
imprisonment for 12 months or more or is convicted elsewhere than in 37
New South Wales of an offence that, if committed in New South Wales, 38
would be an offence so punishable, or 39
(g) is removed from office under clause 4. 40
(2) If the office of Chairperson becomes vacant, a person is, subject to this Act, to 41
be appointed to fill the vacancy. 42
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Schedule 3 Consequential and other amendments relating to enactment of Government Sector
Employment Act 2013
4 Removal from office 1
(1) The Governor may remove the Chairperson from office, but only for 2
incompetence, incapacity or misbehaviour. 3
(2) The Chairperson cannot be removed from office under Part 6 of the 4
Government Sector Employment Act 2013. 5
5 Chairperson not Public Service employee 6
The office of Chairperson is a statutory office and the provisions of the 7
Government Sector Employment Act 2013 relating to the employment of 8
Public Service employees do not apply to that office (except as provided by 9
clause 2). 10
3.26 Public Finance and Audit Act 1983 No 152 11
[1] Section 4 Definitions 12
Omit paragraph (a) of the definition of authority. Insert instead: 13
(a) a Public Service agency under the Government Sector Employment Act 14
2013, 15
[2] Section 4 (1), definition of "Head of an authority" 16
Omit paragraph (a). Insert instead: 17
(a) in relation to a Public Service agency under the Government Sector 18
Employment Act 2013--the head of the agency under that Act, 19
[3] Section 4 (1), definition of "Head of an authority" 20
Omit "the Director-General of the Department of Education and Training" from 21
paragraph (b). 22
Insert instead "the Secretary of the Department of Education and Communities". 23
[4] Section 4 (1), definition of "officer of an authority" 24
Omit paragraph (a). Insert instead: 25
(a) in relation to a Public Service agency under the Government Sector 26
Employment Act 2013--a Public Service employee under that Act, 27
[5] Section 33B Staff of Audit Office 28
Omit section 33B (4). Insert instead: 29
(4) The provisions of the Government Sector Employment Act 2013 relating to the 30
employment of Public Service employees do not apply to a member of staff of 31
the Audit Office. 32
[6] Schedule 1, clause 4 33
Omit the clause. Insert instead: 34
4 Auditor-General a statutory officer and not Public Service employee 35
The office of Auditor-General is a statutory office and the provisions of the 36
Government Sector Employment Act 2013 relating to the employment of 37
Public Service employees do not apply to that office. 38
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Schedule 3 Consequential and other amendments relating to enactment of Government Sector
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3.27 Public Interest Disclosures Act 1994 No 92 1
[1] Section 4 Definitions 2
Omit paragraph (a) of the definition of public authority. Insert instead: 3
(a) a Public Service agency, 4
[2] Section 4A Public officials 5
Omit section 4A (1) (a) (i). Insert instead: 6
(i) a Public Service employee, 7
[3] Section 6E Responsibility of head of public authority 8
Omit section 6E (2) (e). Insert instead: 9
(e) for a Public Service agency--the head of the agency under the 10
Government Sector Employment Act 2013, or 11
3.28 Rural Assistance Act 1989 No 97 12
[1] Section 8 Other functions 13
Omit section 8 (3) including the note. Insert instead: 14
(3) Persons may be employed in the Public Service under the Government Sector 15
Employment Act 2013 to enable the Authority to exercise its functions. 16
Note. Section 59 of the Government Sector Employment Act 2013 provides that the 17
persons so employed (or whose services the Authority makes use of) may be referred 18
to as officers or employees, or members of staff, of the Authority. Section 47A of the 19
Constitution Act 1902 precludes the Authority from employing staff. 20
[2] Section 11 21
Omit the section. Insert instead: 22
11 Chief Executive of the Authority 23
The Chief Executive of the Authority is the person employed in the Public 24
Service as the Chief Executive of the Authority. 25
[3] Schedule 1, clause 6 (1) (d) 26
Omit the paragraph. Insert instead: 27
(d) is removed from office by the Minister under this clause, or 28
[4] Schedule 1, clause 9 (1) 29
Omit the subclause. Insert instead: 30
(1) The provisions of the Government Sector Employment Act 2013 relating to the 31
employment of Public Service employees do not apply to an appointed 32
member. 33
[5] Schedule 2 Provisions relating to Chief Executive 34
Omit the Schedule. 35
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Schedule 3 Consequential and other amendments relating to enactment of Government Sector
Employment Act 2013
3.29 Soil Conservation Act 1938 No 10 1
[1] Section 3 Definitions 2
Omit the definition of Commissioner. Insert instead: 3
Commissioner means the person employed in the Public Service as the Soil 4
Conservation Commissioner. 5
[2] Section 3 (1), definition of "Deputy Commissioner" 6
Omit the definition. Insert instead: 7
Deputy Commissioner means the person employed in the Public Service as the 8
Deputy Soil Conservation Commissioner. 9
[3] Section 4 Soil Conservation Commissioner 10
Omit "The Governor may from time to time appoint a Commissioner of the Soil 11
Conservation Service of New South Wales who" from section 4 (1). 12
Insert instead "The Commissioner". 13
[4] Section 4 (1A) 14
Omit the subsection. 15
[5] Section 5 16
Omit the section. Insert instead: 17
5 Staff of Commissioner 18
Persons may be employed in the Public Service under the Government Sector 19
Employment Act 2013 to enable the Commissioner to exercise his or her 20
functions. 21
[6] Fifth Schedule, clause 5 (1) 22
Omit the subclause. Insert instead: 23
(1) The provisions of the Government Sector Employment Act 2013 relating to the 24
employment of Public Service employees do not apply to a member of a 25
committee. 26
3.30 Sydney Water Catchment Management Act 1998 No 171 27
[1] Section 9 Chief Executive 28
Omit section 9 (2). Insert instead: 29
(2) Schedule 2 contains provisions relating to the Chief Executive. 30
[2] Section 15 General functions 31
Omit section 15 (3) including the note. Insert instead: 32
(3) Persons may be employed in the Public Service under the Government Sector 33
Employment Act 2013 to enable the SCA to exercise its functions. 34
Note. Section 59 of the Government Sector Employment Act 2013 provides that the 35
persons so employed (or whose services the SCA makes use of) may be referred to as 36
officers or employees, or members of staff, of the SCA. Section 47A of the Constitution 37
Act 1902 precludes the SCA from employing staff. 38
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[3] Schedule 1, clause 6 (1) (d) 1
Omit "Part 8 of the Public Sector Management Act 1988". 2
Insert instead "Part 6 of the Government Sector Employment Act 2013". 3
[4] Schedule 1, clause 9 (1) 4
Omit the subclause. Insert instead: 5
(1) The provisions of the Government Sector Employment Act 2013 relating to the 6
employment of Public Service employees do not apply to an appointed 7
member. 8
[5] Schedule 2 9
Omit the Schedule. Insert instead: 10
Schedule 2 Provisions relating to Chief Executive 11
(Section 9 (2)) 12
1 Term of office 13
The Chief Executive holds office for such term, not exceeding 5 years, as may 14
be specified in the instrument of appointment, but is eligible (if otherwise 15
qualified) for re-appointment. 16
2 Full-time office 17
The office of Chief Executive is a full-time office and the holder of the office 18
is required to hold it on that basis, except to the extent permitted by the 19
Minister. 20
3 Acting Chief Executive 21
(1) The Minister may, from time to time, appoint a person to act in the office of 22
Chief Executive during the illness or absence of the Chief Executive or during 23
a vacancy in the office of Chief Executive. The person, while so acting, has all 24
the functions of the Chief Executive and is taken to be the Chief Executive. 25
(2) The Minister may, at any time, remove a person from office as acting Chief 26
Executive. 27
(3) An acting Chief Executive is entitled to be paid such remuneration (including 28
travelling and subsistence allowances) as the Minister may from time to time 29
determine. 30
4 Employment and remuneration 31
(1) The employment of the Chief Executive is (subject to this Schedule) to be 32
governed by a contract of employment between the Chief Executive and the 33
Minister. 34
(2) The following provisions of or made under the Government Sector 35
Employment Act 2013 relating to the employment of Public Service senior 36
executives apply to the Chief Executive (but in the application of those 37
provisions a reference to the employer of any such executive is to be read as a 38
reference to the Minister): 39
(a) provisions relating to the band in which an executive is to be employed, 40
(b) provisions relating to the contract of employment of an executive, 41
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Schedule 3 Consequential and other amendments relating to enactment of Government Sector
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(c) provisions relating to the remuneration, employment benefits and 1
allowances of an executive, 2
(d) provisions relating to the termination of employment of an executive. 3
(3) The performance criteria dealt with in the Chief Executive's contract of 4
employment are to include criteria that require improvement of the quality of 5
the water in catchment areas. 6
5 Vacancy in office 7
(1) The office of Chief Executive becomes vacant if the holder: 8
(a) dies, or 9
(b) completes a term of office and is not re-appointed, or 10
(c) resigns the office by instrument in writing addressed to the Minister, or 11
(d) becomes bankrupt, applies to take the benefit of any law for the relief of 12
bankrupt or insolvent debtors, compounds with his or her creditors or 13
makes an assignment of his or her remuneration for their benefit, or 14
(e) becomes a mentally incapacitated person, or 15
(f) is convicted in New South Wales of an offence that is punishable by 16
imprisonment for 12 months or more or is convicted elsewhere than in 17
New South Wales of an offence that, if committed in New South Wales, 18
would be an offence so punishable, or 19
(g) is removed from office under clause 4. 20
(2) If the office of Chief Executive becomes vacant, a person is, subject to this 21
Act, to be appointed to fill the vacancy. 22
6 Chief Executive not Public Service employee 23
The office of Chief Executive is a statutory office and the provisions of the 24
Government Sector Employment Act 2013 relating to the employment of 25
Public Service employees do not apply to that office (except as provided by 26
clause 4). 27
3.31 Technical and Further Education Commission Act 1990 No 118 28
[1] Section 13 Managing Director 29
Omit section 13 (2). Insert instead: 30
(2) Schedule 1A contains provisions relating to the Managing Director. 31
[2] Section 22 Extended or long service leave 32
Omit section 22 (2) and (3). Insert instead: 33
(2) The staff to whom this section applies are entitled to extended leave at the 34
same rate as Public Service employees under the Government Sector 35
Employment Act 2013. 36
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Schedule 3 Consequential and other amendments relating to enactment of Government Sector
Employment Act 2013
[3] Schedule 1, clause 6 (1) (d) 1
Omit the paragraph. Insert instead: 2
(d) is removed from office by the Minister under this clause, or 3
[4] Schedule 1, clause 9 (1) 4
Omit the subclause. Insert instead: 5
(1) The provisions of the Government Sector Employment Act 2013 relating to the 6
employment of Public Service employees do not apply to an appointed 7
member. 8
[5] Schedule 1A 9
Insert after Schedule 1: 10
Schedule 1A Provisions relating to Managing Director 11
(Section 13 (2)) 12
1 Term of office 13
The Managing Director holds office for such term, not exceeding 5 years, as 14
may be specified in the instrument of appointment, but is eligible (if otherwise 15
qualified) for re-appointment. 16
2 Full-time office 17
The office of Managing Director is a full-time office and the holder of the 18
office is required to hold it on that basis, except to the extent permitted by the 19
Minister. 20
3 Employment and remuneration 21
(1) The employment of the Managing Director is (subject to this Schedule) to be 22
governed by a contract of employment between the Managing Director and the 23
Minister. 24
(2) The following provisions of or made under the Government Sector 25
Employment Act 2013 relating to the employment of Public Service senior 26
executives apply to the Managing Director (but in the application of those 27
provisions a reference to the employer of any such executive is to be read as a 28
reference to the Minister): 29
(a) provisions relating to the band in which an executive is to be employed, 30
(b) provisions relating to the contract of employment of an executive, 31
(c) provisions relating to the remuneration, employment benefits and 32
allowances of an executive, 33
(d) provisions relating to the termination of employment of an executive. 34
4 Vacancy in office 35
(1) The office of Managing Director becomes vacant if the holder: 36
(a) dies, or 37
(b) completes a term of office and is not re-appointed, or 38
(c) resigns the office by instrument in writing addressed to the Minister, or 39
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(d) becomes bankrupt, applies to take the benefit of any law for the relief of 1
bankrupt or insolvent debtors, compounds with his or her creditors or 2
makes an assignment of his or her remuneration for their benefit, or 3
(e) becomes a mentally incapacitated person, or 4
(f) is convicted in New South Wales of an offence that is punishable by 5
imprisonment for 12 months or more or is convicted elsewhere than in 6
New South Wales of an offence that, if committed in New South Wales, 7
would be an offence so punishable, or 8
(g) is removed from office under clause 3. 9
(2) If the office of Managing Director becomes vacant, a person is, subject to this 10
Act, to be appointed to fill the vacancy. 11
5 Managing Director not Public Service employee 12
The office of Managing Director is a statutory office and the provisions of the 13
Government Sector Employment Act 2013 relating to the employment of 14
Public Service employees do not apply to that office (except as provided by 15
clause 3). 16
3.32 Transport Administration Act 1988 No 109 17
[1] Sections 2B (2), 3B, 3C, 3E, 15, 27, 35J, 43, 47, 50, 68C (2), 68D, 68E (2), 68G (3) and 18
(7), 68H, 94 (6), 101 (3A) and 112 (2), clause 3 of Schedule 2 and clause 13A (4) of 19
Schedule 6A 20
Omit "Director-General" and "Director-General's" wherever occurring. 21
Insert instead "Transport Secretary" and "Transport Secretary's" respectively. 22
[2] Section 3 Definitions 23
Omit the definition of Director-General. Insert in alphabetical order: 24
Transport Secretary means the Secretary of the Department of Transport. 25
[3] Section 20 Constitution of STA 26
Omit section 20 (3) including the note. 27
[4] Section 42B Constitution of Independent Transport Safety Regulator 28
Omit section 42B (3) including the note. Insert instead: 29
(3) Persons may be employed in the Public Service under the Government Sector 30
Employment Act 2013 to enable the ITSR to exercise its functions. 31
Note. Section 59 of the Government Sector Employment Act 2013 provides that the 32
persons so employed (or whose services the ITSR makes use of) may be referred to 33
as officers or employees, or members of staff, of the ITSR. Section 47A of the 34
Constitution Act 1902 precludes the ITSR from employing staff. 35
[5] Section 42M Chief Executive of ITSR 36
Omit section 42M (3), (4) and (5). Insert instead: 37
(3) Schedule 2A contains provisions relating to the Chief Executive. 38
[6] Section 45 Chief Investigator 39
Omit section 45 (2) and (3). Insert instead: 40
(2) Schedule 2A contains provisions relating to the Chief Investigator. 41
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[7] Section 49A General functions of RMS 1
Omit section 49A (2) including the note. 2
[8] Part 7, Division 1 Regulations relating to staff employed in connection with certain 3
authorities 4
Omit the Division. 5
[9] Section 58C Regulations relating to RailCorp staff 6
Omit "and" at the end of section 58C (2) (b) and omit section 58C (2) (c) and (d). 7
[10] Section 58C (3) 8
Omit the subsection. Insert instead: 9
(3) The provisions of the Government Sector Employment Act 2013 relating to the 10
employment of Public Service employees do not apply to the employment of 11
staff under this Division. 12
[11] Section 59 Employment of staff 13
Insert after section 59 (2): 14
(2A) The provisions of the Government Sector Employment Act 2013 relating to the 15
employment of Public Service employees do not apply to the employment of 16
those members of staff. 17
[12] Section 61 Regulations relating to staff of Chief Investigator 18
Omit "and" at the end of section 61 (2) (b) and omit section 61 (2) (c). 19
[13] Section 64 Regulations relating to Sydney Ferries staff 20
Omit section 64 (2) (c) and (d). Insert instead: 21
(c) may provide for appeals by members of staff in connection with their 22
employment. 23
[14] Section 64 (3) 24
Omit the subsection. Insert instead: 25
(3) The provisions of the Government Sector Employment Act 2013 relating to the 26
employment of Public Service employees do not apply to the employment of 27
staff under this Division. 28
[15] Section 68C Employment in the Transport Service 29
Omit section 68C (1). Insert instead: 30
(1) The Government of New South Wales may employ persons in the Transport 31
Service to enable the following bodies (and their public subsidiary 32
corporations) to exercise their functions: 33
(a) TfNSW, 34
(b) State Transit Authority, 35
(c) RMS. 36
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Schedule 3 Consequential and other amendments relating to enactment of Government Sector
Employment Act 2013
[16] Sections 68F and 68I-68M 1
Omit the sections. Insert after section 68H: 2
68HA Miscellaneous provisions relating to Transport Service 3
(1) Extended leave entitlements 4
Persons employed in the Transport Service have the same entitlements to 5
extended leave as Public Service employees under the Government Sector 6
Employment Act 2013. 7
(2) Retirement on medical grounds 8
The Transport Secretary may retire a person employed in the Transport 9
Service if: 10
(a) the employee is found to be unfit to perform or incapable of performing 11
the duties of the person's employment, and 12
(b) the employee's unfitness or incapacity: 13
(i) appears likely to be of a permanent nature, and 14
(ii) has not arisen from actual misconduct on the part of the 15
employee, or from causes within the employee's control. 16
(3) Civil liability with respect to staff 17
If: 18
(a) a person is employed in the Transport Service, and 19
(b) the Government of New South Wales is, as the person's employer, 20
proceeded against for any negligence or other tort of the person 21
(whether the damages are recoverable in an action for tort or breach of 22
contract or in any other action), and 23
(c) TfNSW, the State Transit Authority or RMS is entitled under a policy 24
of insurance or indemnity to be indemnified in respect of liability that it 25
may incur in respect of that negligence or other tort, 26
the Government is subrogated to the rights of TfNSW, the State Transit 27
Authority or RMS under that policy in respect of the liability incurred by the 28
Government arising from that negligence or other tort. 29
Note. See also section 279A (Workers compensation liability with respect to staff of 30
statutory bodies) of the Workers Compensation Act 1987. 31
(4) Operation of privacy legislation 32
The persons employed in the Transport Service to enable TfNSW, the State 33
Transit Authority or RMS to exercise its functions are, for the purposes of the 34
Privacy and Personal Information Protection Act 1998 and the Health 35
Records and Information Privacy Act 2002, taken to be part of TfNSW, the 36
State Transit Authority or RMS, as the case requires. 37
(5) Construction of references relating to staff 38
In this or any other Act, or in any instrument made under this or any other Act 39
or in any other instrument of any kind, a reference to an officer or employee, 40
or a member of staff, of: 41
(a) TfNSW (or a public subsidiary corporation of TfNSW) is to be read as 42
a reference to a person employed in the Transport Service to enable 43
TfNSW (or the corporation) to exercise its functions, or 44
(b) the State Transit Authority (or a public subsidiary corporation of the 45
Authority) is to be read as a reference to a person employed in the 46
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Schedule 3 Consequential and other amendments relating to enactment of Government Sector
Employment Act 2013
Transport Service to enable the Authority (or the corporation) to 1
exercise its functions, or 2
(c) RMS (or a public subsidiary corporation of RMS) is to be read as a 3
reference to a person employed in the Transport Service to enable RMS 4
(or the corporation) to exercise its functions. 5
(6) Delegation of Transport Secretary's functions under this Part 6
The Transport Secretary may delegate any of the Transport Secretary's 7
functions under this Part (other than this power of delegation) to a person 8
employed in the Transport Service or to a person employed in the Department 9
of Transport. 10
(7) Delegation of Transport Secretary's functions under GSE Act 11
The power of the Transport Secretary under section 27 of the Government 12
Sector Employment Act 2013 to delegate a function referred to in that section 13
extends to a delegation of the function to a person employed in the Transport 14
Service. 15
(8) Acting Transport Secretary 16
A person employed in the Transport Service may also be appointed to act as 17
the Transport Secretary under section 24 of the Government Sector 18
Employment Act 2013. 19
[17] Schedule 2A 20
Insert after Schedule 2: 21
Schedule 2A Chief Executive of the ITSR and Chief 22
Investigator of Office of Transport Safety 23
Investigations 24
(Sections 42M (3) and 45 (2)) 25
1 Definition 26
In this Schedule: 27
Chief Executive means the Chief Executive of the ITSR or the Chief 28
Investigator of the Office of Transport Safety Investigations. 29
2 Term of office 30
(1) A Chief Executive holds office for such term, not exceeding 5 years, as may 31
be specified in the instrument of appointment, but is eligible (if otherwise 32
qualified) for re-appointment. 33
(2) A person is not eligible to be appointed for more than 2 terms of office as Chief 34
Executive of the ITSR (whether or not consecutive terms). 35
3 Full-time office 36
The office of Chief Executive is a full-time office and the holder of the office 37
is required to hold it on that basis, except to the extent permitted by the 38
Minister. 39
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Statute Law (Miscellaneous Provisions) Bill 2014 [NSW]
Schedule 3 Consequential and other amendments relating to enactment of Government Sector
Employment Act 2013
4 Employment and remuneration 1
(1) The employment of a Chief Executive is (subject to this Schedule) to be 2
governed by a contract of employment between the Chief Executive and the 3
Minister. 4
(2) The following provisions of or made under the Government Sector 5
Employment Act 2013 relating to the employment of Public Service senior 6
executives apply to a Chief Executive (but in the application of those 7
provisions a reference to the employer of any such executive is to be read as a 8
reference to the Minister): 9
(a) provisions relating to the band in which an executive is to be employed, 10
(b) provisions relating to the contract of employment of an executive, 11
(c) provisions relating to the remuneration, employment benefits and 12
allowances of an executive. 13
5 Vacancy in office 14
(1) The office of Chief Executive becomes vacant if the holder: 15
(a) dies, or 16
(b) completes a term of office and is not re-appointed, or 17
(c) resigns the office by instrument in writing addressed to the Minister, or 18
(d) becomes bankrupt, applies to take the benefit of any law for the relief of 19
bankrupt or insolvent debtors, compounds with his or her creditors or 20
makes an assignment of his or her remuneration for their benefit, or 21
(e) becomes a mentally incapacitated person, or 22
(f) is convicted in New South Wales of an offence that is punishable by 23
imprisonment for 12 months or more or is convicted elsewhere than in 24
New South Wales of an offence that, if committed in New South Wales, 25
would be an offence so punishable, or 26
(g) is removed from office under clause 6. 27
(2) If the office of the Chief Executive becomes vacant, a person is, subject to this 28
Act, to be appointed to fill the vacancy. 29
6 Removal from office 30
The Governor may remove the Chief Executive from office, but only for 31
incompetence, incapacity or misbehaviour. 32
7 Chief Executive not Public Service employee 33
The office of Chief Executive is a statutory office and the provisions of the 34
Government Sector Employment Act 2013 relating to the employment of 35
Public Service employees do not apply to that office (except as provided by 36
clause 4). 37
[18] Schedule 3, clause 7 (1) (d) 38
Omit the paragraph. Insert instead: 39
(d) is removed from office by the Minister under this clause, or 40
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Statute Law (Miscellaneous Provisions) Bill 2014 [NSW]
Schedule 3 Consequential and other amendments relating to enactment of Government Sector
Employment Act 2013
[19] Schedule 3, clause 9 (1) 1
Omit the subclause. Insert instead: 2
(1) The provisions of the Government Sector Employment Act 2013 relating to the 3
employment of Public Service employees do not apply to an appointed 4
member. 5
[20] Schedule 5 Extended leave for certain staff 6
Omit paragraphs (b), (c) and (g) of the definition of Authority in clause 2. 7
[21] Schedule 5, clause 3 (2) (c) and (3) 8
Omit "Schedule 3A to the Public Sector Employment and Management Act 2002" wherever 9
occurring. 10
Insert instead "Schedule 2 to the Government Sector Employment Regulation 2014". 11
3.33 Treasury Corporation Act 1983 No 75 12
[1] Section 4 Treasury Corporation 13
Omit section 4 (10) including the note. Insert instead: 14
(10) The Corporation may employ staff. The provisions of the Government Sector 15
Employment Act 2013 relating to the employment of Public Service employees 16
do not apply to the staff employed by the Corporation. 17
[2] Schedule 1, clause 8 18
Omit the clause. Insert instead: 19
8 Chief Executive a statutory officer and not Public Service employee 20
The office of Chief Executive is a statutory office and the provisions of the 21
Government Sector Employment Act 2013 relating to the employment of 22
Public Service employees do not apply to that office. 23
[3] Schedule 3, clause 9 (1) 24
Omit the subclause. Insert instead: 25
(1) The provisions of the Government Sector Employment Act 2013 relating to the 26
employment of Public Service employees do not apply to an appointed 27
member. 28
Commencement 29
Schedule 3.33 [1] commences on a day to be appointed by proclamation. 30
3.34 Workers Compensation Act 1987 No 70 31
Section 279A Workers compensation liability with respect to staff of statutory bodies 32
Insert in alphabetical order in section 279A (4): 33
Public Service includes the Transport Service of New South Wales. 34
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Statute Law (Miscellaneous Provisions) Bill 2014 [NSW]
Schedule 3 Consequential and other amendments relating to enactment of Government Sector
Employment Act 2013
3.35 Workplace Injury Management and Workers Compensation Act 1998 1
No 86 2
[1] Section 4 Definitions 3
Omit the definition of Chief Executive Officer. Insert instead: 4
Chief Executive Officer means the person employed in the Public Service as 5
the Chief Executive Officer of Safety, Return to Work and Support. 6
[2] Section 22 General functions of Authority 7
Omit section 22 (4) including the note. Insert instead: 8
(4) Persons may be employed in the Public Service under the Government Sector 9
Employment Act 2013 to enable the Authority to exercise its functions. 10
Note. Section 59 of the Government Sector Employment Act 2013 provides that the 11
persons so employed (or whose services the Authority makes use of) may be referred 12
to as officers or employees, or members of staff, of the Authority. Section 47A of the 13
Constitution Act 1902 precludes the Authority from employing staff. 14
[3] Section 24 Appointment of Independent Review Officer 15
Omit section 24 (5) and (6). Insert instead: 16
(5) The office of Independent Review Officer is a statutory office and the 17
provisions of the Government Sector Employment Act 2013 relating to the 18
employment of Public Service employees do not apply to that office. 19
(6) Persons may be employed in the Public Service under the Government Sector 20
Employment Act 2013 to enable the Independent Review Officer to exercise 21
his or her functions. 22
Note. Section 59 of the Government Sector Employment Act 2013 provides that the 23
persons so employed (or whose services the Independent Review Officer makes use 24
of) may be referred to as officers or employees, or members of staff, of that Officer. 25
Section 47A of the Constitution Act 1902 precludes that Officer from employing staff. 26
[4] Section 25 Vacancy in office of Independent Review Officer 27
Insert after section 25 (2): 28
(2A) The Independent Review Officer cannot be removed from office under Part 6 29
of the Government Sector Employment Act 2013. 30
[5] Section 374 Staff and facilities of Commission 31
Omit section 374 (1)-(3). Insert instead: 32
(1) Persons may be employed in the Public Service under the Government Sector 33
Employment Act 2013 to enable the Commission to exercise its functions. 34
Note. Section 59 of the Government Sector Employment Act 2013 provides that the 35
persons so employed (or whose services the Commission makes use of) may be 36
referred to as officers or employees, or members of staff, of the Commission. 37
Section 47A of the Constitution Act 1902 precludes the Commission from employing 38
staff. 39
(2) The persons so employed are, in the exercise of their functions, subject to the 40
general control and direction of the Registrar. 41
(3) This section does not affect the exercise of the functions under the 42
Government Sector Employment Act 2013 of the head of the Public Service 43
agency in which those persons are employed. 44
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Schedule 3 Consequential and other amendments relating to enactment of Government Sector
Employment Act 2013
[6] Section 374 (5) 1
Omit the subsection. 2
[7] Section 374 (6) 3
Omit "Department". Insert instead "Public Service agency". 4
[8] Schedule 5, clause 11 (1) 5
Omit the subclause. Insert instead: 6
(1) The office of a member of the Commission is a statutory office and the 7
provisions of the Government Sector Employment Act 2013 relating to the 8
employment of Public Service employees do not apply to that office. 9
3.36 Zoological Parks Board Act 1973 No 34 10
[1] Section 5 Constitution of Board 11
Omit section 5 (3) including the note. Insert instead: 12
(3) Persons may be employed in the Public Service under the Government Sector 13
Employment Act 2013 to enable the Board to exercise its functions. 14
Note. Section 59 of the Government Sector Employment Act 2013 provides that the 15
persons so employed (or whose services the Board makes use of) may be referred to 16
as officers or employees, or members of staff, of the Board. Section 47A of the 17
Constitution Act 1902 precludes the Board from employing staff. 18
[2] Section 9 General provisions relating to members 19
Omit section 9 (4). Insert instead: 20
(4) The provisions of the Government Sector Employment Act 2013 relating to the 21
employment of Public Service employees do not apply to a member. 22
[3] Section 12 23
Omit the section. Insert instead: 24
12 Director of Zoological Parks Board 25
(1) The Director of the Zoological Parks Board is the person employed in the 26
Public Service as the Director. 27
(2) The Board is to be consulted on any proposed appointment of a Director of the 28
Zoological Parks Board. 29
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Statute Law (Miscellaneous Provisions) Bill 2014 [NSW]
Schedule 4 Repeals
Schedule 4 Repeals 1
1 Repeal of redundant Acts 2
The following Acts are repealed: 3
(a) Appropriation Act 2012 No 44, 4
(b) Appropriation (Budget Variations) Act 2012 No 50, 5
(c) Appropriation (Parliament) Act 2012 No 45, 6
(d) Statute Law (Miscellaneous Provisions) Act 2013 No 47, 7
(e) Statute Law (Miscellaneous Provisions) Act (No 2) 2013 No 111. 8
2 Repeal of amending provisions that have commenced 9
Schedule 5 to the Board of Studies, Teaching and Educational Standards Act 2013 10
No 89 is repealed. 11
3 Repeal of provisions that amend provisions of an Act that have been repealed 12
Schedule 2.9 to the Mining Amendment Act 2008 No 19 is repealed. 13
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Statute Law (Miscellaneous Provisions) Bill 2014 [NSW]
Schedule 5 General savings, transitional and other provisions
Schedule 5 General savings, transitional and other 1
provisions 2
1 Effect of amendment of amending provisions 3
(1) An amendment made by Schedule 1, 2 or 3 to an amending provision contained in an 4
Act or instrument is, if the amending provision has commenced before the 5
Schedule 1, 2 or 3 amendment concerned, taken to have effect as from the 6
commencement of the amending provision (whether or not the amending provision 7
has been repealed). 8
(2) In this clause: 9
amending provision means a provision of an Act or instrument that makes a direct 10
amendment to an Act or instrument by: 11
(a) the repeal or omission of matter contained in the amended Act or instrument 12
without the insertion of any matter instead of the repealed or omitted matter, or 13
(b) the omission of matter contained in the amended Act or instrument and the 14
insertion of matter instead of the omitted matter, or 15
(c) the insertion into the amended Act or instrument of matter, not being matter 16
inserted instead of matter omitted from the Act or instrument. 17
Explanatory note 18
This clause ensures that certain amendments, including amendments correcting errors in technical 19
provisions (for example, headings indicating the section to be amended or directions as to where a 20
new section is to be inserted) and rectifying minor drafting errors (for example, corrections in 21
numbering of provisions, correction or insertion of cross-references, omission of unnecessary matter 22
or insertion of omitted matter), will be taken to have commenced on the date the amendments to 23
which they relate commenced. 24
2 Effect of amendment or repeal on acts done or decisions made 25
Except where it is expressly provided to the contrary, if this Act: 26
(a) amends a provision of an Act or an instrument, or 27
(b) repeals and re-enacts (with or without modification) a provision of an Act or 28
an instrument, 29
any act done or decision made under the provision amended or repealed has effect 30
after the amendment or repeal as if it had been done or made under the provision as 31
so amended or repealed. 32
Explanatory note 33
This clause ensures that the amendment or repeal of a provision will not, unless expressly provided, 34
vitiate any act done or decision made under the provision as in force before the amendment or repeal. 35
3 Effect of amendment on instruments 36
Except where expressly provided to the contrary, any instrument made under an Act 37
amended by this Act, that is in force immediately before the commencement of the 38
amendment, is taken to have been made under the Act as amended. 39
Explanatory note 40
This clause ensures that, unless expressly provided, any instrument that is in force and made under 41
a provision of an Act that is amended or substituted by the proposed Act will be taken to have been 42
made under the Act as amended. 43
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Statute Law (Miscellaneous Provisions) Bill 2014 [NSW]
Schedule 5 General savings, transitional and other provisions
4 Revocation of repeal 1
Section 29A of the Interpretation Act 1987 applies to the repeal of Acts, or provisions 2
of Acts, by this Act. 3
Explanatory note 4
The effect of this clause is to enable the Governor, by proclamation, to revoke the repeal by the 5
proposed Act of any Act or any provision of an Act. The Act or provision the subject of the revocation 6
of repeal is taken not to be, and never to have been, repealed. 7
5 Regulations 8
(1) The Governor may make regulations containing provisions of a savings or 9
transitional nature consequent on the enactment of this Act. 10
(2) Any such provision may, if the regulations so provide, take effect from the date of 11
assent to this Act or a later date. 12
(3) To the extent to which any such provision takes effect from a date that is earlier than 13
the date of its publication on the NSW legislation website, the provision does not 14
operate so as: 15
(a) to affect, in a manner prejudicial to any person (other than the State or an 16
authority of the State), the rights of that person existing before the date of its 17
publication, or 18
(b) to impose liabilities on any person (other than the State or an authority of the 19
State) in respect of anything done or omitted to be done before the date of its 20
publication. 21
Explanatory note 22
This clause enables the making of regulations of a savings or transitional nature having a short term 23
effect and relating to incidental matters arising out of the proposed Act with regard to which no 24
specific, or sufficient, provision has been made in the proposed Act. 25
Page 74
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