New South Wales Consolidated Acts New South Wales Consolidated ActsIn this Schedule--
"former Act" means the Public Sector Employment and Management Act 2002 .
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as--(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
(4) Any such provision has effect despite anything to the contrary in this Schedule.
(5) The regulations may make separate savings and transitional provisions or amend this Schedule to consolidate the savings and transitional provisions.
(1) The person holding office as the Public Service Commissioner under the former Act immediately before the repeal of that Act is taken to have been appointed as the Public Service Commissioner under this Act for the balance of the Commissioner's term of office under the former Act.
(2) For the purpose of determining the maximum total terms that a person may hold office as Public Service Commissioner under this Act, a term of office under the former Act is taken to be a term of office under this Act.
(1) A person holding office as a member of the Public Service Commission Advisory Board under the former Act immediately before the repeal of that Act is taken to have been appointed as a member of the Public Service Commission Advisory Board under this Act for the balance of the member's term of office under the former Act.
(2) For the purpose of determining the maximum total terms that a person may hold office as a member of the Public Service Commission Advisory Board under this Act, a term of office under the former Act is taken to be a term of office under this Act.
(1) A person who was employed in the Government Service of New South Wales immediately before the repeal of the former Act is, on that repeal, taken to be employed in the Public Service of New South Wales in the same kind of employment. For that purpose, employment (other than for a term) in an officer's position or in a permanent position is the same kind of employment as ongoing employment.
(1A) Subclause (1) does not apply to any persons employed in the Government Service of New South Wales who are, on the commencement of this Act, transferred to the Transport Service of New South Wales by an administrative arrangements order under the Constitution Act 1902 . Division 4 of Part 7 of the Transport Administration Act 1988 applies to any such transferred staff as if they had been transferred by an order under that Division.
(2) The application of the provisions of this Act, the regulations and the government sector employment rules to any such person is subject to the provisions of this Schedule.
(3) The repeal of the former Act does not affect the continuity of service of a person taken to be employed in the Public Service under this clause, any accrued rights to leave under the former Act or any accrual of rights to leave under this Act.
(4) A person who is taken to be employed in the Public Service under this clause is taken to be employed in a role or classification of work that corresponds to the kind and grade of work of the person's position or work on the repeal of the former Act.
(5) The continued employment of a person taken to be employed in the Public Service under this clause who held a Chief or Senior Executive position or a senior officer position (or equivalent position) under the former Act is subject to clauses 6-8.
(7) This clause does not apply to persons employed under the former Act as special temporary employees.
(1) In this clause,
"former principal Department" means a principal Department of the Public Service listed in Division 1 of Part 1 of Schedule 1 to the former Act immediately before the repeal of the former Act.
(2) A person holding office as the head of a former principal Department immediately before the repeal of the former Act continues in office as the Secretary of the corresponding Department under this Act--(a) for the balance of the person's term of office under the former Act, or(b) for the period of 12 months after the commencement of this Act,whichever is the longer period. However, the person ceases to hold office as Secretary under this subclause if the person's employment is terminated under section 41 of this Act (or otherwise ceases) or if the person is subsequently appointed as Secretary of the Department under this Act.
(3) A Department under this Act that is declared, by an administrative arrangements order under the Constitution Act 1902 , to be the successor and a continuation of a former principal Department is the corresponding Department of that former principal Department for the purposes of this clause. A Department does not cease to be a corresponding Department merely because of a subsequent change in the name of the Department under this Act.
(4) A person who continues in office as Secretary under subclause (2)--(a) is employed under Division 2 of Part 4 of this Act in term employment in Band 4 under the senior executive bands determination, and(b) is not required to enter into a contract of employment under this Act for the purposes of that temporary period of continued employment, and(c) has a remuneration package that is equivalent to the remuneration package of the person immediately before the repeal of the former Act (unless the remuneration package is increased as a result of a determination of the Statutory and Other Offices Remuneration Tribunal made under Part 3A of the Statutory and Other Offices Remuneration Act 1975 or as a result of progression within the applicable remuneration range), and(d) if the person's employment is terminated under section 41 of this Act on or after the commencement of this Act, is entitled to the compensation provided under section 78 of the former Act (and is subject to any requirements under that section relating to the refund of that compensation) as if the termination had been a removal of the person from office under the former Act.
(1) In this clause,
"former other Division" means a Division of the Government Service listed in Division 2 of Part 1, or Part 2, of Schedule 1 to the former Act immediately before the repeal of the former Act, but does not include any such Division whose staff are, on the commencement of this Act, transferred to the Transport Service of New South Wales by an administrative arrangements order under the Constitution Act 1902 .
(2) A person holding office as the head of a former other Division immediately before the repeal of the former Act (other than the holder of a statutory office) continues in office as the head of the corresponding Public Service agency under this Act--(a) for the balance of the person's term of office under the former Act, or(b) for the period of 12 months after the commencement of this Act,whichever is the longer period. However, the person ceases to hold office as the head of the agency under this subclause if the person's employment is terminated under section 41 of this Act (or otherwise ceases) or if the person is subsequently appointed as head of the agency under this Act.
(3) A Public Service agency under this Act (other than a Department) that is declared, by an administrative arrangements order under the Constitution Act 1902 , to be the successor and a continuation of a former other Division is the corresponding Public Service agency of that former other Division for the purposes of this clause. A Public Service agency does not cease to be a corresponding Public Service agency merely because of a subsequent change in the name of the agency under this Act.
(4) If, on the commencement of this Act, there is no corresponding Public Service agency of a former other Division, the head of the former other Division immediately before that commencement (other than the holder of a statutory office) is a continuing former senior executive under clause 8 in the Public Service agency to which the staff of the former other Division are transferred by an administrative arrangements order under the Constitution Act 1902 .
(5) If, on the commencement of this Act, a Public Service agency (other than a Department) is not a corresponding Public Service agency of a former other Division and the head of the agency is not a statutory officer, the person who, immediately before that commencement, was the relevant chief manager of the group of staff transferred to the Public Service agency on that commencement by an administrative arrangements order under the Constitution Act 1902 holds office as the head of the Public Service agency under this Act--(a) for the balance of the person's term of office as the relevant chief manager under the former Act, or(b) for the period of 12 months after the commencement of this Act,whichever is the longer period. However, the person ceases to hold office as the head of the agency under this subclause if the person's employment is terminated under section 41 of this Act (or otherwise ceases) or if the person is subsequently appointed as head of the agency under this Act.
(6) For the purposes of subclause (5), the relevant chief manager of a transferred group of staff is the person who held, immediately before the repeal of the former Act, the executive position under Part 3.1 of Chapter 3 of the former Act having the duties of the head of that group of staff.
(7) A person who continues in office as head of a Public Service agency under subclause (2) or who holds office as head of a Public Service agency under subclause (5)--(a) is employed under Division 3 of Part 4 of this Act in term employment in the band under the senior executive bands determination that includes the remuneration package to which the head of the agency continues to be entitled under this subclause, and(b) is not required to enter into a contract of employment under this Act for the purposes of that temporary period of continued employment, and(c) has a remuneration package that is equivalent to the remuneration package of the person immediately before the repeal of the former Act (unless the remuneration package is increased as a result of a determination of the Statutory and Other Offices Remuneration Tribunal made under Part 3A of the Statutory and Other Offices Remuneration Act 1975 or as a result of progression within the applicable remuneration range), and(d) if the person's employment is terminated under section 41 of this Act on or after the commencement of this Act, is entitled to the compensation provided under section 78 of the former Act (and is subject to any requirements under that section relating to the refund of that compensation) as if the termination had been a removal of the person from office under the former Act.
(8) The following applies to the initial recruitment action under this Act to fill the role of the head of a Public Service agency (other than a Department)--(a) the work level and other employment arrangements relating to the role are to be determined under this Act and are not determined by the level and other arrangements that apply to the continued employment of the existing head of the agency under this clause,(b) the existing head may be recruited before or at the end of the temporary period of continued employment of the existing head,(c) the existing head may be recruited without compliance with the government sector employment rules on merit-based employment (but only in term employment not exceeding 2 years if the recruitment did not comply with those rules).
(1) The Secretary of each Department is to review the senior executive structure of the Department and its related Public Service agencies in order to transition senior executive employment in the Department and related agencies to the new arrangements under this Act.
(2) The head of a separate Public Service agency is to review the senior executive structure of the agency in order to transition senior executive employment in the agency to the new arrangements under this Act.
(2A) After the Secretary of a Department or the head of a separate Public Service agency completes the review, a senior executive implementation plan is to be submitted to the Commissioner that outlines the proposed transition of senior executive employment to the new arrangements under this Act, including a proposed timetable to transition to those new arrangements by 24 February 2017.
(3) The Commissioner may approve a senior executive implementation plan and determine the date (before 24 February 2017) on which senior executive employment in a Public Service agency, or in a part of a Public Service agency, is to transition to those new arrangements (the
"implementation date" for the agency or part of the agency). The date so determined may be changed by a further determination of the Commissioner (but only to a date before 24 February 2017).
(3A) The date on which a person ceases to be a transitional former senior executive referred to in clause 8 is the implementation date for the Public Service agency or relevant part of the Public Service agency in which the person is employed, unless another date becomes the implementation date for the executive under subclause (3B), (3C), (3D) or (3E) or a different date is determined for the executive in accordance with this clause (the
"implementation date" for the executive).
(3B) If, before the implementation date for the Public Service agency or relevant part of the Public Service agency, a transitional former senior executive--(a) is employed in a role (other than by temporary assignment) in the new senior executive structure of the agency or of another agency and enters into a contract of employment under this Act, or(b) is employed in a non-executive role (other than by temporary assignment) under Division 5 of Part 4 of this Act,the implementation date for the executive becomes the date on which the executive is so employed.
(3C) If, before an implementation date is determined for the Public Service agency or relevant part of the Public Service agency, a transitional former senior executive is employed as a Public Service non-executive employee under Division 5 of Part 4 of this Act, the implementation date for the executive becomes the date on which the executive is so employed.
(3D) If, as the result of a comparative assessment in accordance with the government sector employment rules, a transitional former senior executive--(a) is assigned to a different role in a part of the Public Service agency in which the executive is currently employed after the implementation date determined for that part of the agency, and(b) enters into a contract of employment under this Act in relation to that role,the implementation date for the executive becomes the date on which the executive is so assigned.
(3E) If a transitional former senior executive is, as the result of a comparative assessment in accordance with the government sector employment rules, employed and assigned to a role in a different agency after the implementation date determined for the agency or the part of the agency in which the role is located, the implementation date for the executive becomes the date on which the executive is so employed and assigned and enters into a contract of employment under this Act.
(4) The Commissioner may determine a different date under this clause for a particular transitional former senior executive than the date otherwise determined for the agency or the part of the agency in which the executive is employed. The date determined for an agency, a part of an agency or for a particular transitional former senior executive may be changed by a further determination of the Commissioner (but only to a date before 24 February 2017).
(5) Without limiting the date that may be determined under subclause (4) as the implementation date for a transitional former senior executive, the implementation date for an executive may be extended by the Commissioner to a date before 24 February 2017 that is beyond the implementation date for other executives in the Public Service agency concerned. The purposes for extending the implementation date may include knowledge transfer and continuity of service by the agency in the transition to the new executive employment arrangements under this Act or to enable the executive to take accrued leave before the termination of employment.
(6) This clause applies to transitional former senior executives employed in the New South Wales Electoral Commission Staff Agency or the Independent Transport Safety Regulator Staff Agency as if references in this clause to 24 February 2017 were references to such later date (not being a date later than 23 August 2017) that the Commissioner may approve on the application of the Electoral Commissioner or the Chief Executive of the Independent Transport Safety Regulator (as the case requires).
(6A) This clause applies to transitional former senior executives employed in the Department of Industry, Skills and Regional Development in an internal audit role as if references in this clause to 24 February 2017 were references to such later date (not being a date later than 30 April 2017) that the Commissioner may approve on the application of the Secretary of that Department.
(7) Determinations of implementation dates by the Commissioner under this clause are to be made in consultation with the relevant Secretaries of Departments and relevant heads of separate Public Service agencies.
(1) In this clause--
"implementation date" for a transitional former senior executive--see clause 7A.
"transitional former senior executive" means a person who was, immediately before the repeal of the former Act--(a) an executive officer within the meaning of Part 3.1 of Chapter 3 of the former Act (a
"former SES executive" ), or(b) employed in the Government Service in the classification or grade of senior officer (or in any equivalent classification or grade determined by the Commissioner for the purposes of this clause) and whose salary was more than the maximum salary for a clerk (Grade 12) in the Public Service (abut does not include a statutory officer or a person holding office as Secretary of a Department under clause 6 or holding office as the head of a Public Service agency (other than a Department) under clause 7.
"former SO executive" ),
(2) Until the implementation date for a transitional former senior executive of a Public Service agency who is a former SES executive, this Act applies to the executive subject to the following--(a) the executive is employed under Division 4 of Part 4 of this Act in term employment in the band under the senior executive bands determination that includes the remuneration package to which the executive continues to be entitled under this subclause,(b) the term for which the executive is taken to be so employed is (subject to this clause)--(i) the balance of the person's term of office as a former SES executive, and(ii) any additional period before the implementation date that the agency head may approve,(c) the executive is not required to enter into a contract of employment under this Act for the purposes of that temporary period of continued employment,(d) the executive has a remuneration package that is equivalent to the remuneration package of the person immediately before the repeal of the former Act (unless the remuneration package is increased as a result of a determination of the Statutory and Other Offices Remuneration Tribunal made under Part 3A of the Statutory and Other Offices Remuneration Act 1975 or as a result of progression within the applicable remuneration range),(e) if the executive's employment is terminated under section 41 of this Act on or after the commencement of this Act, the executive is entitled to the compensation provided under section 78 of the former Act (and is subject to any requirements under that section relating to the refund of that compensation) as if the termination had been a removal of the executive from office under the former Act.
(3) Until the implementation date for a transitional former senior executive of a Public Service agency who is a former SO executive, this Act applies to the executive subject to the following--(a) the executive is employed under Division 5 of Part 4 of this Act in ongoing employment or, if the executive was a temporary employee under the former Act, in temporary employment,(b) the executive is not employed in a band under the senior executive bands determination,(c) the conditions of employment of the executive that are preserved by clause 9 are subject to this clause,(d) if the executive's employment is terminated under section 47 of this Act on or after the commencement of this Act, the executive is entitled to such payments (such as a severance or redundancy payment) as are provided under this Act in connection with the termination (including under the conditions of employment preserved by clause 9).
(3A) If a transitional former senior executive is (in accordance with this Act) assigned to a different role in a Public Service agency, or employed and assigned to a role in a different agency--(a) the person does not (except as provided by clause 7A(3D) or (3E)) cease to be a transitional former senior executive, and(b) the remuneration package of the transitional former senior executive is, despite subclause (2)(d) and subject to section 38(8), the remuneration package for the role to which the executive has been so assigned (or so employed and assigned).
(4) On the implementation date for a transitional former senior executive of a Public Service agency--(a) the person ceases to be a transitional former senior executive, and(b) the employment of the person in the agency is terminated unless the person is employed in the agency on and from the implementation date in accordance with this Act (whether as a Public Service senior executive or as a Public Service non-executive employee, and whether following recruitment action or redeployment as an excess employee), and(c) any such termination of the employment of a person who was a former SES executive is taken to be a termination under section 41 of this Act to which subclause (2)(e) applies, and(d) any such termination of the employment of a person who was a former SO executive is taken to be a termination under section 47 of this Act to which this Act (including the conditions of employment preserved by clause 9) applies, and(e) section 58 of this Act applies to any such termination of employment of a person (whether a former SES executive or a former SO executive) on the basis that the person is an executive employee for the purposes of that section.
(5) The following applies to the creation of a role within the new senior executive structure of a Public Service agency (other than agency head) and to the initial recruitment action under this Act to fill that role--(a) the work level and other employment arrangements relating to a new role within that new structure are to be determined under this Act and are not determined by the work level and other arrangements that applied to roles in the former executive structure of the agency,(b) transitional former senior executives may be recruited to any such new role before or at the end of the period of their continued employment as transitional former senior executives,(c) a person is to be recruited to any such new role in accordance with government sector employment rules on merit-based employment as they apply to the recruitment of a person who is not a Public Service employee,(d) the initial recruitment action to fill any such new role is to be limited to the following candidates (having regard to the type and level of the role and any other relevant matter)--(i) any transitional former senior executives who occupy a similar role in the relevant parts of the agency,(ii) any Public Service senior executives employed in the relevant parts of the agency in a similar role after the commencement of this Act,(iii) any other Public Service employees (or groups of Public Service employees) in the relevant parts of the agency whom the agency head considers appropriate.For the purposes of this paragraph, executives or other employees in a relevant part of the agency includes executives or other employees in any related agency (whether a Department or a Public Service executive agency) whose roles are being consolidated in connection with the recruitment action. Transitional former senior executives may be included in more than one pool for the purposes of initial recruitment action for different roles.
(6) Initial recruitment action to fill a role within the new senior executive structure of a Public Service agency is not required to be limited as referred to in subclause (5) (d) if--(a) there are no candidates of the kind referred to in subclause (5)(d)(i) or (ii) for the recruitment action concerned, or(b) the role is not similar to any role in the former executive structure of the agency.
(7) If a transitional former senior executive is temporarily assigned to work in or outside the agency in which the executive is employed--(a) the person does not cease to be a transitional former senior executive, and the implementation date for the executive does not change, because of that temporary assignment, and(b) the person retains his or her eligibility under subclause (5) as a candidate for initial recruitment action in that agency, and(c) the person is also eligible under subclause (5) as a candidate for initial recruitment action in relation to a similar role in the other agency to which the person is temporarily assigned.
(1) This clause applies to the following statutory officers whose employment was, immediately before the repeal of the former Act, subject to Part 3.1 of Chapter 3 of the former Act--(a) President of the Board of Studies, Teaching and Educational Standards,(b) Children's Guardian,(c) Commissioner for the Commission for Children and Young People,(d) Registrar of Community Housing appointed under section 10 of the Community Housing Providers (Adoption of National Law) Act 2012 ,(e) Chief Executive Officer of Destination NSW,(f) chief executive of a development corporation appointed under section 6B of the Growth Centres (Development Corporations) Act 1974 ,(g) Chairperson of the Environment Protection Authority,(h) Commissioner of the Health Care Complaints Commission,(i) Chief Executive of the Independent Transport Safety Regulator,(j) Chief Executive of the Internal Audit Bureau,(k) Chief Executive Officer of the Legal Aid Commission,(l) Legal Services Commissioner,(m) chief executive of a major event authority constituted under the Major Events Act 2009 ,(n) Managing Director of the New South Wales Government Telecommunications Authority,(o) Chief Executive Officer of the NSW Trustee and Guardian,(p) Deputy or Assistant Ombudsman,(q) Chief Executive of the Rural Assistance Authority,(r) Commissioner of the Soil Conservation Service,(s) Chief Executive of the Sydney Catchment Authority,(t) Managing Director of the TAFE Commission,(u) Chief Investigator of the Office of Transport Safety Investigations,(v) Director of the Zoological Parks Board.
(2) On the repeal of the former Act, the employment of a statutory officer to whom this clause applies is subject to Division 4 of Part 4 of this Act and this clause.
(3) Any such statutory officer--(a) is employed in the band under the senior executive bands determination that includes the remuneration package to which the officer continues to be entitled under this subclause, and(b) is not required to enter into a contract of employment under this Act, and(c) has a remuneration package that is equivalent to the remuneration package of the officer immediately before the repeal of the former Act (unless the remuneration package is increased as a result of a determination of the Statutory and Other Offices Remuneration Tribunal made under Part 3A of the Statutory and Other Offices Remuneration Act 1975 or as a result of progression within the applicable remuneration range), and(d) if the officer's employment is terminated under section 41 of this Act on or after the commencement of this Act, is entitled to the compensation provided under section 78 of the former Act as if the termination had been a removal of the statutory officer from office under the former Act, and(e) cannot be removed from office (or otherwise have the officer's employment terminated) on a ground other than a ground on which the officer could have been removed from office immediately before the repeal of the former Act, and(f) is to be included in any initial recruitment action referred to in clause 8(5) to fill a role that replaces the statutory office of the officer or that is a similar role.
(1) For the purposes of clauses 6, 7, 8 and 8A, the remuneration package of a person under the former Act includes any of the following determined by the Statutory and Other Offices Remuneration Tribunal and payable to the person under the former Act--(a) a remuneration package that is payable to the person as the holder of the relevant position under the former Act that exceeds the remuneration package otherwise determined for the senior executive level of the person,(b) an additional amount payable as a recruitment allowance.
(2) If a person referred to in subclause (1) to whom a recruitment allowance is payable is subsequently employed in accordance with the provisions of this Act as a Public Service senior executive, the person continues to be entitled to so much of that former recruitment allowance as will ensure that the remuneration payable after that subsequent employment is not less than the remuneration payable before that subsequent employment. Any general increase in remuneration packages to account for an annual determination of the Statutory and Other Offices Remuneration Tribunal is to be excluded and does not operate to reduce the amount of recruitment allowance payable.
(3) This subclause applies to a former SES executive referred to in clause 8 (or an officer referred to in clause 8A) who is subsequently employed in accordance with the provisions of this Act as a Public Service senior executive and who is assigned to a new role (or subsequently assigned to a different role) that is of equivalent work value as the person's former position, office or role. The remuneration package of the person in any such new or different role is to be not less than the remuneration package of the person immediately before the person was so subsequently employed.
(4) This subclause applies to a former SO executive referred to in clause 8 who is subsequently employed in accordance with the provisions of this Act as a Public Service senior executive and who is assigned to a role (when first so employed) that is of equivalent work value as the person's position under the former Act. The person may be paid an allowance, determined by the agency head in accordance with guidance provided by the Commissioner, to avoid any financial disadvantage as a Public Service senior executive in that role (or any other assigned role of equivalent work value) compared to the remuneration payable immediately before the person was so subsequently employed.
(5) A retention allowance payable under the former Act to a person to whom clause 6, 7, 8 or 8A applies is payable for completed years of service (or pro rata for completed parts of years of service) on the date the person ceases to be a person to whom that clause applies (otherwise than by resignation).
(1) This clause applies to a person who, immediately before 24 February 2014, was employed on a temporary basis under the former Act (an
"existing temporary employee" ). This clause does not apply to persons employed under the former Act as special temporary employees.Note : Clause 5 provides that persons employed under the former Act are taken to be employed under this Act in the same kind of employment.
(2) Extension of existing term of temporary employment If the term of employment of an existing temporary employee is due to expire before 24 February 2015, the person's temporary employment may be extended before it expires in accordance with the provisions of the former Act as if that Act had not been repealed. However, if the temporary employment is to be extended beyond 24 February 2015, the extension of the existing temporary employee's employment must satisfy the requirements of the government sector employment rules relating to temporary employment.
(3) On and from 24 February 2015, any extension of an existing temporary employee's employment must be made in accordance with the provisions of the government sector employment rules relating to temporary employment.
(4) Conversion to ongoing employment Despite its repeal, section 31 of the former Act continues to apply, until 24 February 2015, in relation to an existing temporary employee who is a long-term employee within the meaning of that section. Any appointment of the employee under that section as so continued by this clause is taken to be employment in ongoing employment under this Act in a relevant role.
(5) On and from 24 February 2015, any conversion of an existing temporary employee's employment to ongoing employment must be made in accordance with the provisions of the government sector employment rules.
(1) In this clause--
"former non-Public Service group of staff" means a group of staff--(a) who, immediately before the commencement of this Act, were employed in the Government Service of New South Wales (but not in the Public Service of New South Wales) or in the NSW Health Service and who become Public Service employees on that commencement, and(b) who comprise a Public Service agency or a discrete branch or other part of a Public Service agency,and includes any persons who become members of that group of staff after the commencement of this Act.
(2) Conditions of employment applying to any group of Public Service employees immediately before the commencement of this Act (whether under State industrial instruments, determinations under section 4E of the former Act or contracts of employment) continue to apply, subject to this clause, to that group of Public Service employees. This subclause extends to members of a former non-Public Service group of staff.
(3) The conditions of employment of Public Service employees who are members of a former non-Public Service group of staff do not include any conditions of employment relating to leave or other matters that are conferred by the regulations under this Act on Public Service employees generally unless they apply because of conditions of employment applying to that group of staff immediately before the repeal of the former Act. In this subclause, a reference to conditions of employment conferred by the regulations includes conditions relating to extended leave and to conditions under the Crown Employees (Public Service Conditions of Employment) Award 2009 for groups of staff to which that award did not apply immediately before the repeal of the former Act.
(4) A determination under section 130 of the former Act, or an industrial agreement under section 131 of the former Act, that is in force immediately before the repeal of the former Act is, subject to this clause, taken to be a determination under section 52 of this Act or an industrial agreement under section 51 of this Act (as the case requires).
(5) A condition of employment that applies because of this clause applies until such time as provision is otherwise made under this Act or any other law.
(1) Any delegation of a function by the Division Head of a Division of the Government Service under section 4F of the former Act and in force immediately before the repeal of the former Act is taken to be a delegation of a comparable function under this Act by the head of the corresponding Public Service agency under section 27 of this Act (in the case of a Department) or under section 32 of this Act (in the case of any other Public Service agency).
(2) Any delegation of a function by the Director-General under section 123 of the former Act and in force immediately before the repeal of the former Act is taken to be a delegation of a comparable function under this Act by the Industrial Relations Secretary under section 53 of this Act.
(1) Sections 68, 69 and 70 of this Act extend to conduct occurring before the commencement of this Act.
(2) Any proceedings for unsatisfactory performance or misconduct pending under Part 2.7 of Chapter 2 of the former Act immediately before the repeal of the former Act are to continue to be dealt with under the provisions of that Part as if it had not been repealed, subject to the regulations and the government sector employment rules.
In any other Act, in any statutory or other instrument, or in any contract or agreement--
(a) a reference to the Government Service of New South Wales (or to any Division of the Government Service) is to be construed as a reference to the Public Service of New South Wales (or to any Public Service agency), and
(b) a reference to a Department or a Department head (within the meaning of the former Act) is to be construed as a reference to a Public Service agency or the head of such an agency, respectively, and
(c) a reference to the Public Service Board, the Public Employment Industrial Relations Authority, the Public Employment Office or the Director of Public Employment (unless the reference relates to the functions exercised by the Industrial Relations Secretary under Division 6 of Part 4 of this Act) is to be construed as a reference to the Public Service Commissioner, and
(d) a reference to the Public Service Board, the Public Employment Industrial Relations Authority, the Public Employment Office, the Director of Public Employment or the Director-General of the Department of Premier and Cabinet (if the reference relates to the functions exercised by the Industrial Relations Secretary under Division 6 of Part 4 of this Act) is to be construed as a reference to the Industrial Relations Secretary, and
(e) a reference to an officer or to a temporary or casual employee of the Public Service (or a Department) or to a member of staff or employee of the Government Service (or a Division of the Government Service) is to be construed as a reference to a Public Service employee, and
(f) a reference to an order under Chapter 4 of the former Act is to be construed as a reference to an administrative arrangements order under Part 7 of the Constitution Act 1902 , and
(g) a reference to the former Act, the Public Sector Management Act 1988 or the Public Service Act 1979 or to a provision of any such Act is to be construed as extending to a reference to this Act or to the corresponding provision of this Act, except as provided by this clause or except in so far as a contrary intention appears in the Act concerned, and
(h) a reference to Part 2.5 of the former Act or to a provision of that Part is to be construed as a reference to Part 2 of the Members of Parliament Staff Act 2013 , and
(i) a reference to Schedule 3 or 3A to the former Act (or that is required to be construed as such a reference) is to be construed as a reference to Schedule 1 or 2, respectively, to the Government Sector Employment Regulation 2014 .
An order made (or taken to have been made) under Chapter 4 of the former Act that has not been revoked is taken to be an administrative arrangements order under Part 7 of the Constitution Act 1902 .
Despite the repeal of the former Act, that Act continues to apply to the employment of staff under Chapter 1A of that Act--
(b) in the Treasury Corporation Division to enable the Treasury Corporation to exercise its functions, but only until 1 July 2015 or until such time as the Treasury Corporation is authorised by legislation to employ staff (whichever is the sooner), and
(c) in the SAS Trustee Corporation Division to enable the SAS Trustee Corporation to exercise its functions, but only until 1 January 2016 or until such time as the SAS Trustee Corporation is authorised by legislation to employ staff (whichever is the sooner).
The appointment and term of office (and any conditions of employment that apply under clause 8A) of a person holding office as a statutory or other officer under an Act amended by Schedule 3 to the Statute Law (Miscellaneous Provisions) Act 2014 on the commencement of the amendments made to that Act by Schedule 3 are not affected by that Schedule.
A regulation that may be made under clause 2 of this Schedule consequent on an amendment to an Act made by Schedule 3 to the Statute Law (Miscellaneous Provisions) Act 2014 may be made instead under the Act as so amended.
In this Part--
"amending Act" means the Government Sector Employment Legislation Amendment
Act 2016 .
A person who, before the commencement of the amendments made to section 83 of this Act by the amending Act, was authorised to conduct an inquiry under that section is, if the inquiry has not been completed before that commencement, taken to have been appointed under that section (as so amended) to act on behalf of the Commissioner or DPC Secretary (as the case requires) for the purposes of conducting the inquiry.
Section 83A of this Act (as inserted by the amending Act) extends to the termination of a person's employment before the commencement of that section.
(1) The amendments to the Constitution Act 1902 made by Schedule 5.2[1[#93]-[3[#93] to the amending Act extend to persons appointed or employed as parliamentary officers and staff after the commencement of this Act and before the commencement of those amendments as if those amendments had been in force at that time.
(2) For the purposes of this clause,
"parliamentary officers and staff" are officers or employees of either House of Parliament or officers under the separate control of the President or Speaker or under their joint control.
(1) The persons employed under this Act in the Sydney Cricket and Sports Ground Trust Staff Agency immediately before 1 April 2017 are transferred to the employment of the Sydney Cricket and Sports Ground Trust.
(2) Any such person is referred to in this clause as a
"transferred employee" and the Sydney Cricket and Sports Ground Trust is referred to as the
"new employer" .
(3) The following provisions apply in relation to a transferred employee--(a) the transferred employee retains any rights to annual leave, extended or long service leave or sick leave accrued or accruing immediately before the transfer of employment,(b) the continuity of employment of the transferred employee is not broken by the transfer of employment and, accordingly, service of the transferred employee as a Public Service employee (including any service taken to be service as such an employee) that is continuous service up to the time of the transfer of employment is, for all purposes, service with the new employer,(c) the conditions of employment applying to the transferred employee immediately before the transfer of employment (whether under a State industrial instrument or contract of employment) continue to apply to the transferred employee until such time as provision is otherwise made in accordance with any other Act or law.
(4) Subclause (3)(c) extends to the provisions (in force as at 1 April 2017) of the regulations and the government sector employment rules that confer or impose conditions of employment or engagement on Public Sector employees in relation to the following matters--(a) probation,(b) security and other clearances,(c) health clearances or assessments,(d) requirements not to undertake other paid work without permission and to report charges and convictions for serious offences,(e) absences from duty,(f) the payment of increments,(g) fitness for duty,(h) the payment of allowances for temporary assignments to higher roles.For that purpose, a reference in any such provision of the regulations or the rules--(a) to a Public Service employee is taken to include a reference to a transferred employee, and(b) to the head of a Public Service agency or to the employer of a Public Service employee is taken to include a reference to the new employer.
(1) The code set out in section 2.2 of the document entitled Behaving Ethically: A Guide for NSW government sector employees as published on the Public Service Commission's website on 26 August 2022 is taken to have been adopted by the Commissioner for the purposes of this Act, section 8A on the commencement of this clause.
(2) To avoid doubt, the code referred to in subclause (1) may be revoked and replaced by an order published in the Gazette adopting a replacement code.
To avoid doubt, a determination of the Industrial Relations Secretary under section 52 in force on the commencement of the amendment to the section by the Government Sector Employment Amendment Act 2022 , Schedule 2[8[#93] may be amended or rescinded by the Industrial Relations Secretary under section 52.