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This is a Bill, not an Act. For current law, see the Acts databases.
Public Sector Employment and
Management Amendment Bill 2012
No , 2012
A Bill for
An Act to amend the Public Sector Employment and Management Act 2002 with
respect to excess employees and performance management.
Clause 1 Public Sector Employment and Management Amendment Bill 2012
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Public Sector Employment and Management 3
Amendment Act 2012. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
Page 2
Public Sector Employment and Management Amendment Bill 2012
Amendment of Public Sector Employment and Management Act 2002 No 43 Schedule 1
Schedule 1 Amendment of Public Sector 1
Employment and Management Act 2002 2
No 43 3
[1] Section 3F General functions of Commissioner 4
Omit "and 100 (4) (c)" from the note to section 3F (2). 5
Insert instead ", 100 (4) (c) and 101A". 6
[2] Section 56 7
Omit the section. Insert instead: 8
56 Excess officers of Departments 9
(1) If the appropriate Department Head is satisfied that the number 10
of officers employed in the Department or in any part of the 11
Department exceeds the number that appears to be necessary for 12
the effective, efficient and economical management of the 13
functions and activities of the Department or part of the 14
Department: 15
(a) the Department Head is to take all practicable steps to 16
secure the transfer of the excess officers to on-going public 17
sector positions, and 18
(b) the Department Head may, with the approval of the 19
Commissioner, dispense with the services of any such 20
excess officer who is not transferred to an on-going public 21
sector position. 22
(2) An officer does not cease to be an excess officer merely because 23
the officer is engaged (on a temporary basis) to carry out other 24
work in a public sector agency. 25
(3) In this section: 26
on-going public sector position means a position in a 27
Department, or in any other public sector service, that is not 28
temporary. 29
[3] Section 57 Excessive salaries of officers of Departments 30
Omit section 57 (1) (b). Insert instead: 31
(b) the Department Head has taken all practicable steps to 32
secure the transfer of the officer to an on-going public 33
sector position (within the meaning of section 56) that is 34
appropriate to the salary of the officer. 35
Page 3
Public Sector Employment and Management Amendment Bill 2012
Schedule 1 Amendment of Public Sector Employment and Management Act 2002 No 43
[4] Section 101A 1
Insert before section 102: 2
101A Performance management systems for public sector staff 3
(1) The head of a public sector agency is to develop and implement 4
a performance management system with respect to members of 5
staff of the agency. 6
(2) The Commissioner is to issue guidelines to public sector agencies 7
on the essential elements of such a performance management 8
system. 9
Note. See section 3J in connection with directions to agencies by the 10
Commissioner. 11
[5] Section 103A 12
Insert after section 103: 13
103A Excess employees--jurisdiction of Industrial Relations 14
Commission 15
(1) In this section: 16
excess employee means an excess officer referred to in section 56 17
or any member of staff of a public sector agency who has been 18
notified by the head of the agency: 19
(a) that his or her position or work in the agency has been 20
abolished or terminated, and 21
(b) that he or she is an excess or displaced employee. 22
Any such person does not cease to be an excess employee merely 23
because the person is engaged (on a temporary basis) to carry out 24
other work in the same or any other public sector agency. 25
termination of the employment of a person includes dispensing 26
with the services of the person. 27
(2) Division 2 of Part 9 of Chapter 2 of the Industrial Relations Act 28
1996 (Unfair contracts) does not apply to contracts of 29
employment of members of staff of any public sector agency that 30
are alleged to be unfair for any reason relating to excess 31
employees, including the following: 32
(a) when and how members of staff become excess 33
employees, 34
Page 4
Public Sector Employment and Management Amendment Bill 2012
Amendment of Public Sector Employment and Management Act 2002 No 43 Schedule 1
(b) the entitlements of excess employees (including with 1
respect to redeployment, employment retention, salary 2
maintenance and voluntary or other redundancy 3
payments), 4
(c) the termination of the employment of excess employees. 5
[6] Section 160 Certain other Acts not to be affected 6
Omit "or 72" from section 160 (2). Insert instead ", 72 or 103A". 7
[7] Schedule 4 Savings, transitional and other provisions 8
Insert at the end of clause 1 (1): 9
Public Sector Employment and Management Amendment Act 10
2012 11
[8] Schedule 4 12
Insert at the end of the Schedule with appropriate Part and clause numbers: 13
Part Provisions consequent on enactment of 14
Public Sector Employment and 15
Management Amendment Act 2012 16
Operation of amendments 17
(1) In this clause, amending Act means the Public Sector 18
Employment and Management Amendment Act 2012. 19
(2) Section 103A, as inserted by the amending Act, extends to 20
members of staff of a public sector agency who were excess 21
employees on the date that notice was given in Parliament for the 22
introduction of the Bill for the amending Act and to proceedings 23
instituted on or after that date under Division 2 of Part 9 of 24
Chapter 2 of the Industrial Relations Act 1996. 25
Page 5
Public Sector Employment and Management Amendment Bill 2012
Schedule 1 Amendment of Public Sector Employment and Management Act 2002 No 43
(3) Nothing in this clause affects any order of the Industrial Relations 1
Commission or a court that is made before the commencement of 2
the amending Act. 3
Page 6
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