Schedule 4 Amendments to other Acts relating to employment of staff
(Section 6)
4.1 Aboriginal Housing Act 1998 No 47
[1] Section 16 Other functions
Insert at the end of the section:(2) However, the AHO cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the AHO to exercise its functions.
Omit the section.
4.2 Art Gallery of New South Wales Act 1980 No 65
Omit the definition of Director from section 4 (1). Insert instead:Director means the Director of the Art Gallery holding office as such under Chapter 1A of the Public Sector Employment and Management Act 2002.
Insert after section 8 (10):(11) However, the Trust cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Trust to exercise its functions.
[3] Section 11 Director and other staff
Omit the section.
[4] Section 13 Delegation by Trust
Omit “or to a person appointed or employed pursuant to section 11” from section 13 (1).Insert instead “or to an authorised person”.
Insert after section 13 (5):(6) In this section, authorised person means the Director or any other person employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Trust to exercise its functions.
Omit “appointed or employed pursuant to section 11 (1)” from section 14 (2) (a).Insert instead “employed under Chapter 1A of the Public Sector Employment and Management Act 2002 to enable the Trust to exercise its functions”.
4.3 Australian Museum Trust Act 1975 No 95
Omit the definition of Director. Insert instead:Director means the Director of the Australian Museum holding office as such under Chapter 1A of the Public Sector Employment and Management Act 2002.
Insert after section 8 (10):(11) However, the Trust cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Trust to exercise its functions.
[3] Section 11 Director and other staff
Omit the section.
[4] Section 13 Delegation by Trust
Omit “or to a person appointed or employed pursuant to section 11” from section 13 (1).Insert instead “or to an authorised person”.
Insert after section 13 (5):(6) In this section, authorised person means the Director or any other person employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Trust to exercise its functions.
4.4 Boxing and Wrestling Control Act 1986 No 11
Insert after section 4 (2):(2A) However, the Authority cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Authority to exercise its functions.
[2] Section 5 Staff of Authority
Omit the section.
4.5 Building and Construction Industry Long Service Payments Act 1986 No 19
[1] Section 4 Constitution of Corporation
Insert after section 4 (4):(4A) However, the Corporation cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Corporation to exercise its functions.
[2] Section 6 Staff of Corporation
Omit the section.
4.6 Cancer Institute (NSW) Act 2003 No 14
[1] Section 10 Chief Cancer Officer
Omit section 10 (6).
[2] Section 11 Staff of Cancer Institute
Omit the section.
[3] Section 12 General functions of Cancer Institute
Insert after section 12 (3):(4) However, the Cancer Institute cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Cancer Institute to exercise its functions.
4.7 Casino Control Act 1992 No 15
[1] Section 141 Functions of the Authority
Insert after section 141 (1):(1A) The Authority cannot, however, employ any staff.Note. Staff to enable the Authority to exercise its functions may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service. However, the Authority may still, under section 145, arrange for the use of services of staff or facilities of other agencies and for police officers to perform services for the Authority, as well as engage consultants.
Omit section 145 (1) (a).
Omit the paragraph. Insert instead:(a) a person who is employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Authority to exercise its functions, or
[4] Schedule 2 Provisions concerning staff of the Authority
Omit clause 1.
Omit “a person employed under section 145 (1) (a)”.Insert instead “a member of staff who is employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Authority to exercise its functions”.
Omit “a person employed under section 145 (1)”.Insert instead “a member of staff who is employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Authority to exercise its functions”.
4.8 Catchment Management Authorities Act 2003 No 104
Insert in alphabetical order in section 4 (1):general manager of an authority means the general manager of the authority holding office as such under Chapter 1A of the Public Sector Employment and Management Act 2002.
[2] Section 6 Catchment management authorities
Insert after section 6 (3):(4) An authority cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable an authority to exercise its functions.
[3] Section 10 General manager and other staff
Omit the section.
4.9 Centennial Park and Moore Park Trust Act 1983 No 145
Omit the definition of Director from section 4 (1). Insert instead:Director means the Director of Centennial Park and Moore Park holding office as such under Chapter 1A of the Public Sector Employment and Management Act 2002.
[2] Section 9 Functions of Trust
Insert after section 9 (11):(12) The Trust cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Trust to exercise its functions.
[3] Section 13 Officers and employees etc
Omit the section.
[4] Section 15 Delegation by Trust
Omit “or a person employed pursuant to section 13” from section 15 (1).Insert instead “or an authorised person”.
Insert after section 15 (5):(6) In this section, authorised person means any person employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Trust to exercise its functions.
4.10 Chiropractors Act 2001 No 15
Omit the definition of Registrar. Insert instead:Registrar means the Registrar of the Board holding office as such under Chapter 1A of the Public Sector Employment and Management Act 2002.
[2] Section 86 Functions of the Board
Insert after section 86 (2):(3) The Board cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Board to exercise its functions.
Omit the section.
4.11 Commission for Children and Young People Act 1998 No 146
Insert after section 4 (3):(4) The Commission cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Commission to exercise its functions.
[2] Section 7 Staff of Commission
Omit the section.
4.12 Community Relations Commission and Principles of Multiculturalism Act 2000 No 77
[1] Section 9 Staff of Commission
Omit the section.
[2] Section 13 Functions of Commission
Insert at the end of the section:(2) The Commission cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Commission to exercise its functions.
4.13 Dental Technicians Registration Act 1975 No 40
Omit the definitions of inspector and secretary from section 5 (1).Insert instead:
inspector means a person employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the board to exercise its functions and who is appointed as an inspector for the purposes of this Act.
secretary means the secretary of the board holding office as such under Chapter 1A of the Public Sector Employment and Management Act 2002.
Omit the section.
[3] Section 13 Functions and duties of the board
Insert after section 13 (3):(4) The board cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the board to exercise its functions.
[1] Section 99 The Board of Studies
Insert after section 99 (2):(3) The Board cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Board to exercise its functions.
Omit the section. Insert instead:(1) Schedule 1A has effect.(2) The functions of a Board inspector under this Act may also be exercised by any person whose services the Board has arranged to make use of and who is appointed by the Board for the purposes of exercising those functions.
Omit the section.
[4] Schedule 1A Board inspectors
Omit clause 1. Insert instead:This Schedule applies to and in respect of such staff (referred to in this Schedule as Board inspectors) as are employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in a Division of the Government Service (other than a Department within the meaning of that Act) on a temporary basis for the purposes of:(a) developing the school curriculum under this Act, and(b) exercising functions in connection with approvals, registrations and accreditations under Parts 7 and 8 of this Act, and(c) exercising such other functions as may be conferred on Board inspectors under this Act or as may be determined by the Board of Studies.
Omit the subclause.
4.15 Election Funding Act 1981 No 78
[1] Section 22 General functions
Insert after section 22 (2):(3) The Authority cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Authority to exercise its functions.
[2] Section 99 Funding of other expenses
Omit “referred to in section 108” from section 99 (2).Insert instead “to assist the Authority”.
Omit the section.
Omit the definition of inspector from section 110 (1). Insert instead:inspector means a person:
(a) who is employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Authority to exercise its functions, or(b) whose services the Authority has arranged to make use of,and who is appointed by the Authority as an inspector for the purposes of this section.
4.16 Energy and Utilities Administration Act 1987 No 103
Omit the definition of employee from section 3 (1).
Omit the section.
Insert after section 12 (1):(1A) However, the Corporation cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Corporation to exercise its functions.
[4] Schedule 1 Superannuation and other rights of employees of the Corporation
Omit the Schedule.
4.17 Film and Television Office Act 1988 No 18
Omit the definition of Director from section 3 (1). Insert instead:Director means the Director of the Office holding office as such under Chapter 1A of the Public Sector Employment and Management Act 2002.
[2] Section 5 Staff of the Office
Omit the section.
[3] Section 6 Functions of the Office
Insert after section 6 (3):(4) However, the Office cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Office to exercise its functions.
4.18 Food Act 2003 No 43
[1] Section 108 Functions of Food Authority
Insert after section 108 (2):(3) The Food Authority cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Food Authority to exercise its functions.
[2] Section 109A Staff of Food Authority
Omit the section.
[1] Section 9 General powers of the commission
Omit “, and shall, subject to the provisions of the Public Service Act 1979, have the control of officers and other persons appointed or employed under this Act”.
Insert at the end of the section.The commission cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the commission to exercise its functions.
[3] Section 10 Training, research and collection of statistics
Omit section 10 (1).
Insert “or authorised person (or a member of a specified class of authorised persons), or” after “Assistant Commissioner” in section 10A (1) (a).
[5] Section 10A (1) (b) and (c)
Omit the paragraphs.
Insert after section 10A (6):(7) In this section, authorised person means the secretary to the commission or any person employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the commission to exercise its functions.
4.20 Game and Feral Animal Control Act 2002 No 64
[1] Section 9 Functions of Game Council
Insert after section 9 (2):(3) The Game Council cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Game Council to exercise its functions.
[2] Section 12 Staff of Game Council
Omit the section.
4.21 Government Telecommunications Act 1991 No 77
[1] Section 36 Staff of the Authority
Omit the section.
[2] Section 37 General functions of the Authority
Insert after section 37 (2):(3) However, the Authority cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Authority to exercise its functions.
4.22 Greyhound and Harness Racing Administration Act 2004 No 36
[1] Section 7 Functions of Authority
Insert after section 7 (3):(4) The Authority cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Authority to exercise its functions.
[2] Section 10 Chief executive officer of Authority
Omit section 10 (1). Insert instead:(1) The Minister may, on the recommendation of the Authority, appoint a chief executive officer of the Authority.(1A) The employment of the chief executive officer is subject to Part 3.1 of the Public Sector Employment and Management Act 2002, but is not subject to Chapter 1A of that Act.
[3] Section 11 Staff of Authority
Omit the section.
4.23 Growth Centres (Development Corporations) Act 1974 No 49
Omit section 3 (3).
Omit the section. Insert instead:A corporation cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable a corporation to exercise its functions.
4.24 Health Care Complaints Act 1993 No 105
Omit the definition of officer of the Commission. Insert instead:officer of the Commission means any person employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Commission to exercise its functions.
[2] Section 80 Functions of Commission
Insert after section 80 (4):(5) The Commission cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Commission to exercise its functions.
[3] Section 82 Staff of the Commission
Omit the section.
4.25 Historic Houses Act 1980 No 94
[1] Section 4 Definitions and application of Act
Omit the definition of Director from section 4 (1). Insert instead:Director means the Director of Historic Houses holding office as such under Chapter 1A of the Public Sector Employment and Management Act 2002.
Insert after section 8 (7):(8) However, the Trust cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Trust to exercise its functions.
[3] Section 13 Officers and employees
Omit the section.
[4] Section 15 Delegation by Trust
Omit “or to a person appointed or employed pursuant to section 13” from section 15 (1).Insert instead “or to an authorised person”.
Insert after section 15 (5):(6) In this section, authorised person means the Director or any other person employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Trust to exercise its functions.
4.26 Home Care Service Act 1988 No 6
[1] Section 7 Functions of the Service
Insert after section 7 (2):(3) However, the Service cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Service to exercise its functions.
[2] Section 8 Staff of the Service
Omit the section.
[3] Section 10 Delegation by Service
Omit “or any person employed by the Service”.Insert instead “or an authorised person”.
Insert at the end of the section:(2) In this section, authorised person means any person employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Service to exercise its functions.
[1] Section 7 Functions of Corporation generally
Insert after section 7 (2):(3) The Corporation cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Corporation to exercise its functions.
[2] Section 14 Staff of Corporation
Omit the section.
4.28 Independent Pricing and Regulatory Tribunal Act 1992 No 39
[1] Section 5 Establishment of Tribunal
Insert after section 5 (2):(3) The Tribunal cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Tribunal to exercise its functions.
[2] Section 8 Staff of Tribunal
Omit the section.
4.29 Institute of Sport Act 1995 No 52
Insert in alphabetical order:chief executive officer means the chief executive officer of the Institute holding office as such under Chapter 1A of the Public Sector Employment and Management Act 2002.
[2] Section 14 Powers of Institute
Insert after section 14 (3):(4) However, the Institute cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Institute to exercise its functions.
[3] Section 17 Chief executive officer
Omit section 17 (1) and (2).
Omit the section. Insert instead:18 Regulations relating to certain staff
(1) This section applies to such staff as are employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in a Division of the Government Service (other than a Department within the meaning of that Act) to enable the Institute to exercise its functions.(2) The regulations may make provision for or with respect to the employment of staff to which this section applies, including the conditions of employment and the discipline of any such staff.
4.30 Institute of Teachers Act 2004 No 65
[1] Section 7 Functions of Institute
Insert after section 7 (5):(6) The Institute cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Institute to exercise its functions.
[2] Section 15 Staff of Institute
Omit the section.
4.31 Internal Audit Bureau Act 1992 No 20
[1] Section 5 Functions of the Bureau
Insert after section 5 (2):(3) However, the Bureau cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Bureau to exercise its functions.
Omit the sections.
4.32 Landlord and Tenant (Rental Bonds) Act 1977 No 44
[1] Section 5 Constitution of the Rental Bond Board
Insert after section 5 (3):(4) The Board cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Board to exercise its functions.
[2] Section 7 Officers, employees etc
Omit the section.
4.33 Legal Aid Commission Act 1979 No 78
Omit the definition of member of staff of the Commission from section 4 (1).
[2] Section 10 Functions of the Commission
Insert after section 10 (4):(5) However, the Commission cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Commission to exercise its functions.
[3] Section 23 Appointment of members of staff of the Commission
Omit the section.
Omit the definition of State Librarian. Insert instead:State Librarian means the State Librarian holding office as such under Chapter 1A of the Public Sector Employment and Management Act 2002.
[2] Section 4B Powers of Council
Insert after section 4B (11):(12) The Council cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Council to exercise its functions.
[3] Section 7 State Librarian and other staff
Omit the section.
[4] Section 7B Delegation by Council
Omit “or to a person appointed or employed pursuant to section 7” from section 7B (1).Insert instead “or to an authorised person”.
Insert after section 7B (5):(6) In this section, authorised person means the State Librarian or any other person employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Council to exercise its functions.
4.35 Lord Howe Island Act 1953 No 39
[1] Section 6 Employment of staff
Omit the section.
[2] Section 12 Powers, authorities, duties and functions of Board
Insert after section 12 (2):(3) The Board cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Board to exercise its functions.
4.36 Motor Accidents Compensation Act 1999 No 41
[1] Section 201 Staff of Authority
Omit the section.
[2] Section 206 Functions of Authority
Insert after section 206 (4):(5) The Authority cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Authority to exercise its functions.
4.37 Motor Vehicle Repairs Act 1980 No 71
Omit the definition of inspector from section 4 (1). Insert instead:inspector means a person:
(a) who is employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Authority to exercise its functions, or(b) whose services the Authority has arranged to make use of,and who is appointed by the Authority as an inspector for the purposes of this Act.
[2] Section 8 Functions of Authority
Insert after section 8 (3):(4) The Authority cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Authority to exercise its functions.
[3] Section 11 Staff of Authority
Omit the section.
Omit section 70 (1) (c). Insert instead:(c) to any person employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Authority to exercise its functions,
Insert after section 74:74A Inspectors must have identification
(1) The Authority must issue a person appointed as an inspector with a certificate of identification as an inspector.(2) An inspector who exercises a function under this Act must produce his or her certificate of identification if requested to do so by a person apparently in charge of any premises on which the function is carried out.
4.38 Museum of Applied Arts and Sciences Act 1945 No 31
Omit the section.
[2] Section 14 Objects and functions of trustees
Insert at the end of the section:(2) The trustees cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the trustees to exercise their functions.
4.39 National Parks and Wildlife Act 1974 No 80
Omit the definition of officer of the Jenolan Caves Reserve Trust from section 5 (1).
[2] Section 58W Functions of Trust
Insert after section 58W (6):(7) The Trust cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Trust to exercise its functions.
Omit the section. Insert instead:58Y Provisions relating to certain staff
Schedule 5A has effect.
Omit the Schedule. Insert instead:Schedule 5A Provisions relating to certain staff
(Section 58Y)
In this Schedule:member of staff means a person who is employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in a Division of the Government Service to enable the Jenolan Caves Reserve Trust to exercise its functions.
2 Appointment and promotion on merit
(1) The appointment and promotion of members of staff are to be made on the basis of the merit of the applicants for appointment or promotion.(2) The merit of persons eligible for appointment or promotion to a vacant position is to be determined having regard to:(a) the nature and duties of the position, and(b) the abilities, qualifications, experience, standard of work performance and personal qualities of those persons that are relevant to the performance of those duties.3 Legal proceedings not to be brought in respect of appointments
(1) The appointment or failure to appoint a person to a vacant position as a member of staff, or any matter, question or dispute relating to such an appointment or failure, is not an industrial matter for the purposes of the Industrial Relations Act 1996.(2) Subclause (1) applies whether or not a person has been appointed to the vacant position.(3) No proceedings, whether for an order in the nature of prohibition, certiorari or mandamus, or for a declaration or injunction or for any other relief, lie in respect of the appointment or failure to appoint a person as a member of staff, the entitlement or non-entitlement of a person to be so appointed or the validity or invalidity of any such appointment.(4) Subclause (3) does not affect the operation of the Government and Related Employees Appeal Tribunal Act 1980.4 Incapable member of staff may be retired
If:(a) a member of staff is found to be unfit to discharge or incapable of discharging the member’s duties, and(b) the member’s unfitness or incapacity appears to be of a permanent nature and has not arisen from actual misconduct on the part of the member (or from causes within the member’s control),the appropriate Division Head (within the meaning of the Public Sector Employment and Management Act 2002) may cause the member to be retired.
4.40 Natural Resources Commission Act 2003 No 102
[1] Section 10 Staff of the Commission
Omit the section.
[2] Section 13 Specific functions
Insert at the end of the section:(2) The Commission cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Commission to exercise its functions.
4.41 New South Wales Crime Commission Act 1985 No 117
Omit the definition of member of the staff of the Commission from section 3 (1).Insert instead:
member of staff of the Commission—see section 32.
[2] Section 8 Incidental powers of Commission
Insert at the end of the section:(2) However, the Commission cannot employ any staff.Note. Staff to enable the Commission to exercise its functions may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service. However, the Commission may still, under section 32, arrange for the use of services of staff or facilities of other agencies and for police officers to perform services for the Commission, as well as engage consultants.
Omit section 32 (1) and (2). Insert instead:(1) The staff of the Commission comprises:(a) the staff who are employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Commission to exercise its functions, and(b) the persons referred to in subsections (3), (4) and (5).
Insert after section 32 (6):(7) The regulations may make provision for or with respect to the appointment, conditions of employment, discipline, code of conduct and termination of employment of staff of the Commission (except in so far as, in the case of the staff who are employed under Chapter 1A of the Public Sector Employment and Management Act 2002, provision is made for those matters by or under that Act).
4.42 New South Wales Institute of Psychiatry Act 1964 No 44
[1] Section 3 Constitution of New South Wales Institute of Psychiatry
Insert after section 3 (2):(3) However, the Institute cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Institute to exercise its functions.
[2] Section 7 Public Sector Employment and Management Act 2002 not to apply to members other than the Director
Omit “Except as provided by section 20, the”. Insert instead “The”.
[3] Section 20 Staff of Institute
Omit the section.
4.43 Nurses and Midwives Act 1991 No 9
[1] Section 10 Functions of Board
Insert after section 10 (2):(3) The Board cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Board to exercise its functions.
[2] Section 13 Registrar and other staff
Omit the section.
4.44 Optical Dispensers Act 1963 No 35
Omit the definition of Secretary from section 2 (1). Insert instead:Secretary means the secretary of the board holding office as such under Chapter 1A of the Public Sector Employment and Management Act 2002.
[2] Section 4 Optical Dispensers Licensing Board
Insert at the end of the section:(2) The Board cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Board to exercise its functions.
Omit the section.
4.45 Optometrists Act 2002 No 30
Omit the definition of Registrar. Insert instead:Registrar means the Registrar of the Board holding office as such under Chapter 1A of the Public Sector Employment and Management Act 2002.
[2] Section 90 Functions of the Board
Insert after section 90 (2):(3) The Board cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Board to exercise its functions.
Omit the section.
4.46 Osteopaths Act 2001 No 16
Omit the definition of Registrar. Insert instead:Registrar means the Registrar of the Board holding office as such under Chapter 1A of the Public Sector Employment and Management Act 2002.
[2] Section 86 Functions of the Board
Insert after section 86 (2):(3) The Board cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Board to exercise its functions.
Omit the section.
4.47 Parramatta Park Trust Act 2001 No 17
[1] Section 7 Functions of the Trust
Insert after section 7 (5):(6) However, the Trust cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Trust to exercise its functions.
[2] Section 21 Staff of the Trust
Omit the section.
4.48 Parramatta Stadium Trust Act 1988 No 86
[1] Section 6 Powers of the Trust
Insert after section 6 (8):(9) The Trust cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Trust to exercise its functions.
[2] Section 8 Staff of the Trust
Omit the section.
4.49 Physiotherapists Act 2001 No 67
Omit the definition of Registrar. Insert instead:Registrar means the Registrar of the Board holding office as such under Chapter 1A of the Public Sector Employment and Management Act 2002.
[2] Section 87 Functions of the Board
Insert after section 87 (2):(3) The Board cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Board to exercise its functions.
Omit the section.
4.50 Podiatrists Act 2003 No 69
Omit the definition of Registrar. Insert instead:Registrar means the Registrar of the Board holding office as such under Chapter 1A of the Public Sector Employment and Management Act 2002.
[2] Section 86 Functions of the Board
Insert after section 86 (2):(3) The Board cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Board to exercise its functions.
Omit the section.
4.51 Police Integrity Commission Act 1996 No 28
Omit the definition of staff of the Commission from section 4 (1).Insert instead:
staff of the Commission—see section 10.
[2] Section 8 Assistant Commissioners
Omit “employed as referred to in section 10 (1) or (2)” from section 8 (3).
Omit “employed as referred to in section 10 (2)”.
Omit section 10 (1) and (2). Insert instead:(1) The staff of the Commission comprises:(a) the staff who are employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Commission to exercise its functions, and(b) the persons referred to in subsections (3) and (4).
[5] Section 22 Incidental powers
Insert at the end of the section:(2) However, the Commission cannot employ any staff.Note. Staff to enable the Commission to exercise its functions may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service. However, the Commission may still, under section 10, arrange for the use of services of staff or facilities of other agencies and for police officers to perform services for the Commission, as well as engage consultants.
4.52 Ports Corporatisation and Waterways Management Act 1995 No 13
Omit the section. Insert instead:40 Regulations relating to certain staff
(1) This section applies to and in respect of such staff as are employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Waterways Authority to exercise its functions.(2) The regulations may make provision for or with respect to the staff of the Waterways Authority, including the conditions of employment and the discipline of any such staff.(3) Any such regulations relating to the conditions of employment or the discipline of staff to which this section applies:(a) have effect subject to any State industrial instrument relating to that staff, and(b) have effect despite any determination under section 4E (1) of the Public Sector Employment and Management Act 2002.
[2] Section 41 Functions of Authority
Insert after section 41 (3):(4) However, the Authority cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Authority to exercise its functions.
4.53 Poultry Meat Industry Act 1986 No 101
Omit the definition of secretary of the Committee from section 3 (1).Insert instead:
secretary of the Committee means the secretary of the committee holding office as such under Chapter 1A of the Public Sector Employment and Management Act 2002.
[2] Section 5 Staff of Committee
Omit the section.
[3] Section 6 Functions of Committee
Insert after section 6 (3):(4) The Committee cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Committee to exercise its functions.
4.54 Protection of the Environment Administration Act 1991 No 60
[1] Section 7 General functions of Authority
Insert after section 7 (2):(3) The Authority cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Authority to exercise its functions.
[2] Section 20 Staff of Authority
Omit the section.
4.55 Psychologists Act 2001 No 69
Omit the definition of Registrar. Insert instead:Registrar means the Registrar of the Board holding office as such under Chapter 1A of the Public Sector Employment and Management Act 2002.
[2] Section 86 Functions of the Board
Insert after section 86 (3):(4) The Board cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Board to exercise its functions.
Omit the section.
4.56 Redfern–Waterloo Authority Act 2004 No 107
[1] Section 11 Staff of Authority
Omit the section.
[2] Section 15 Functions—generally
Insert after section 15 (4):(5) The Authority cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Authority to exercise its functions.
4.57 Royal Botanic Gardens and Domain Trust Act 1980 No 19
Omit the definition of Executive Director from section 4 (1). Insert instead:Executive Director means the Executive Director of the Royal Botanic Gardens and Domain holding office as such under Chapter 1A of the Public Sector Employment and Management Act 2002.
Insert after section 8 (10):(11) However, the Trust cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Trust to exercise its functions.
[3] Section 12 Officers and employees
Omit the section.
[4] Section 14 Delegation by Trust
Omit “or to a person employed pursuant to section 12 (1)” from section 14 (1).Insert instead “or to an authorised person”.
Insert after section 14 (5):(6) In this section, authorised person means the Executive Director or any other person who is employed under Chapter 1A of the Public Sector Employment and Management Act 2002 to enable the Trust to exercise its functions.
Omit section 15 (2) (a). Insert instead:(a) the remuneration of any person who is employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Trust to exercise its functions, or
4.58 Rural Assistance Act 1989 No 97
Insert after section 8 (2):(3) The Authority cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Authority to exercise its functions.
[2] Part 2, Division 4 Staff of the Authority
Omit the Division.
4.59 Rural Lands Protection Act 1998 No 143
[1] Section 23 Staff of State Council
Omit the section.
[2] Section 24 Functions of State Council
Omit section 24 (2) (g) and (h).
Insert after section 24 (2):(3) The State Council cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the State Council to exercise its functions.
[4] Section 42 Functions generally
Insert after section 42 (3):(4) A board cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable a board to exercise its functions.(5) A person is to be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service as a full-time district veterinarian for each district (other than a district located in the Western Division).(6) A person must not be employed as the district veterinarian for a district unless the person is registered as a veterinary surgeon under the Veterinary Surgeons Act 1986 or as a veterinary practitioner under the Veterinary Practice Act 2003.
[5] Section 43 Staff of boards
Omit the section.
Omit the definition of Chief Executive Officer. Insert instead:Chief Executive Officer means the Chief Executive Officer of the State Council holding office as such under Chapter 1A of the Public Sector Employment and Management Act 2002.
4.60 Small Business Development Corporation Act 1984 No 119
[1] Section 6 Functions of the Corporation
Insert at the end of the section:(2) The Corporation cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Corporation to exercise its functions.
Omit the sections.
Omit “section 8 (2)” from section 11 (1) (e).Insert instead “Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service”.
4.61 State Records Act 1998 No 17
[1] Section 66 Principal functions of the Authority
Insert after section 66 (2):(2A) However, the Authority cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Authority to exercise its functions.
[2] Section 68 Staff of the Authority
Omit the section.
4.62 State Sports Centre Trust Act 1984 No 68
Omit the definition of Director from section 3 (1). Insert instead:Director means the Director of the State Sports Centre holding office as such under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service.
[2] Section 7 Powers of the Trust
Insert after section 7 (1):(1A) The Trust cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Trust to exercise its functions.
[3] Section 9 Power to appoint staff etc
Omit the section.
[4] Section 10 Director of the State Sports Centre
Omit section 10 (1).
Omit “a person designated as Director”. Insert instead “the Director”.
Omit “a person designated as Director”. Insert instead “the Director”.
[7] Schedule 3, clauses 1 (2) and 3 (2)
Omit the subclauses.
[8] Schedule 3, clauses 4 (2) and 5 (2) (b) and (3) (b)
Omit “designated” wherever occurring. Insert instead “appointed”.
4.63 Superannuation Administration Act 1996 No 39
[1] Section 50 Principal functions of STC
Insert after section 50 (2):(3) However, STC cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable STC to exercise its functions.
Omit the section.
Omit the definition of Registrar of the Board from section 3 (1).Insert instead:
Registrar of the Board means the Registrar of the Board holding office as such under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service.
[2] Section 28 Functions of Board
Insert after section 28 (2):(3) The Board cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Board to exercise its functions.
[3] Section 29 Registrar and other staff
Omit the section.
4.65 Sydney 2009 World Masters Games Organising Committee Act 2005 No 65
[1] Section 9 Supplemental and incidental functions
Insert at the end of the section:(2) However, SWMGOC cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable SWMGOC to exercise its functions.
[2] Section 16 Staff of SWMGOC
Omit the section.
Omit the section. Insert instead:(1) The group of staff employed who, immediately before 30 June 2010, were employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in a Department of the Public Service to enable SWMGOC to exercise its functions are removed from that Department and added to the Department of the Arts, Sport and Recreation.(2) The removal of any such group of staff from the Department concerned and its addition to the Department of the Arts, Sport and Recreation is taken to have been done under section 104 of the Public Sector Employment and Management Act 2002 and nothing in this section affects the power conferred by that Act to remove the group of staff concerned from a department and add it to another department.
[4] Schedule 3 Amendment of Acts as consequence of dissolution
Omit Schedule 3.2. Insert instead:3.2 Public Sector Employment and Management Act 2002 No 43
Schedule 1 Divisions of the Government Service
Omit the matter relating to the Office of the Sydney 2009 World Masters Games Organising Committee and the SWMGOC Division from Parts 1 and 3, respectively.
4.66 Sydney Cricket and Sports Ground Act 1978 No 72
Omit the definition of Secretary from section 4 (1). Insert instead:Secretary means the Secretary of the Trust holding office as such under Chapter 1A of the Public Sector Employment and Management Act 2002.
[2] Section 5 Constitution of Trust
Insert after section 5 (2):(3) The Trust cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Trust to exercise its functions.
[3] Section 28 Secretary and staff
Omit the section.
4.67 Sydney Harbour Foreshore Authority Act 1998 No 170
[1] Section 12 Functions—generally
Insert after section 12 (2):(3) The Authority cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Authority to exercise its functions.
[2] Section 31 Staff of Authority
Omit the section.
Omit section 32 (1). Insert instead:(1) The Authority may appoint a person employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to be a ranger for the purposes of this Act.
Omit “officers or employees of a body corporate providing services to the Authority under section 31 (4)”.Insert instead “engaged by the Authority to provide services to the Authority”.
4.68 Sydney Olympic Park Authority Act 2001 No 57
[1] Section 13 Functions—generally
Insert at the end of the section:(2) The Authority cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Authority to exercise its functions.
[2] Section 64 Staff of authority
Omit the section.
Omit section 65 (1). Insert instead:(1) The Authority may appoint a person employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to be a ranger for the purposes of this Act.
Omit “officers or employees of a corporation that provides services to the Authority under section 64 (4)”.Insert instead “engaged by the Authority to provide services to the Authority”.
4.69 Sydney Opera House Trust Act 1961 No 9
[1] Section 4 Objects and functions of Trust
Insert after section 4 (6):(7) The Trust cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Trust to exercise its functions.
Omit the section.
4.70 Sydney Water Catchment Management Act 1998 No 171
Omit the section.
[2] Section 15 General functions
Insert after section 15 (2):(3) The Authority cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Authority to exercise its functions.
4.71 Teacher Housing Authority Act 1975 No 27
[1] Section 7 Appointment etc of members
Omit section 7 (1) (c). Insert instead:(c) one is to be a person employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service and whose principal duty is the management of the Authority’s activities.
[2] Section 12 Staff establishment of Authority and appointment of officers and employees
Omit the section.
[3] Section 13 Powers, authorities, duties and functions of Authority
Insert after section 13 (2):(3) The Authority cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Authority to exercise its functions.
4.72 Technical and Further Education Commission Act 1990 No 118
Insert after section 5 (2):(3) However, the TAFE Commission cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the TAFE Commission to exercise its functions.
[2] Section 8 Delegation of functions
Omit section 8 (3) (b).
Omit “Staff”. Insert instead “Provisions relating to certain staff”.
Omit the section. Insert instead:This Part applies to the group of staff employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in a Division of the Government Service (other than a Department within the meaning of that Act) to enable the TAFE Commission to exercise its functions.
[5] Section 16 Salary, conditions etc of staff
Omit the section.
Omit the section. Insert instead:17 Regulations relating to certain staff
(1) The regulations may make provision for or with respect to the staff to which this Part applies, including the conditions of employment and the discipline of any such staff.(2) Any such regulations relating to the conditions of employment or the discipline of the staff to which this Part applies:(a) have effect subject to any State industrial instrument relating to that staff, and(b) have effect despite any determination under section 4E (1) of the Public Sector Employment and Management Act 2002, and(c) are subject to Part 3.1 of the Public Sector Employment and Management Act 2002.
[7] Section 18 Appointments and promotion on merit
Omit section 18 (1). Insert instead:(1) The appointment of any staff to which this Part applies and any promotions for such staff are to be made on the basis of the merit of the applicants for appointment or promotion.
[8] Section 18A Special arrangements for staff mobility between TAFE Commission and Department of Education and Training
Omit the section.
[9] Section 19 Legal proceedings not to be brought in respect of appointments etc
Omit “on the staff of the TAFE Commission” wherever occurring in section 19 (1) and (3).Insert instead “in the group of staff to which this Part applies”.
Omit the section. Insert instead:20 Incapable member of staff may be retired
If:(a) a member of staff to which this Part applies is found to be unfit to discharge or incapable of discharging the member’s duties, and(b) the member’s unfitness or incapacity appears to be of a permanent nature and has not arisen from actual misconduct on the part of the member (or from causes within the member’s control),the appropriate Division Head (within the meaning of the Public Sector Employment and Management Act 2002) may cause the member to be retired.
[11] Section 21 Use of staff or facilities of Departments etc
Omit the section.
[12] Section 22 Extended or long service leave
Omit section 22 (1). Insert instead:(1) This section applies to all staff to which this Part applies who are employed on a full-time basis.
Omit “Members of staff of the TAFE Commission”.Insert instead “The staff”.
4.73 Tourism New South Wales Act 1984 No 46
[1] Section 6 Staff of Tourism New South Wales
Omit the section.
[2] Section 8 Powers of Tourism New South Wales
Insert after section 8 (6):(7) However, Tourism New South Wales cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable Tourism New South Wales to exercise its functions.
4.74 Tow Truck Industry Act 1998 No 111
[1] Section 8 Functions of TTA
Insert after section 8 (3):(4) The TTA cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the TTA to exercise its functions.
Omit the section.
4.75 Transport Administration Act 1988 No 109
[1] Section 20 Constitution of STA
Insert after section 20 (2):(3) The State Transit Authority cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the STA to exercise its functions.
[2] Section 42B Constitution of Independent Transport Safety and Reliability Regulator
Insert after section 42B (2):(3) The ITSRR cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the ITSRR to exercise its functions.
[3] Section 46 Constitution of RTA
Insert after section 46 (2):(3) The Roads and Traffic Authority cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the RTA to exercise its functions.
Omit the Part. Insert instead:Part 7 Provisions relating to certain staff
Division 1 Regulations relating to staff employed in connection with an Authority or ITSRR
This Division applies to and in respect of such staff as are employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in a Division of the Government Service (other than a Department within the meaning of that Act) to enable an Authority or the ITSRR to exercise its functions.57 Regulations relating to staff to which this Division applies
(1) The regulations may make provision for or with respect to the staff to which this Division applies, including the conditions of employment and the discipline of any such staff.(2) Any such regulations relating to the conditions of employment or the discipline of the staff to which this Division applies:(a) have effect subject to any State industrial instrument relating to that staff, and(b) have effect despite any determination under section 4E (1) of the Public Sector Employment and Management Act 2002, and(c) are subject to Part 3.1 of the Public Sector Employment and Management Act 2002, and(d) in the case of staff employed in a Division of the Government Service to enable the State Transit Authority to exercise its functions—may provide for appeals by members of staff in connection with their employment, including appeals to a Transport Appeal Board constituted under the Transport Appeal Boards Act 1980.Schedule 5 has effect.Division 2 Staff of Chief Investigator
(1) The Chief Investigator may appoint such staff as the Chief Investigator requires to exercise the Chief Investigator’s functions.(2) Those members of staff are taken to be employed by the Government of New South Wales in the service of the Crown, except as provided by subsection (3).(3) The Chief Investigator is, for the purposes of any proceedings relating to those members of staff held before a competent tribunal having jurisdiction to deal with industrial matters, taken to be the employer of the staff.(4) The Chief Investigator may enter into an agreement with any association or organisation representing a group or class of those members of staff with respect to industrial matters.(5) Any such agreement binds all persons in the class or group affected by the agreement, and no such person (whether a member of the association or organisation with which the agreement was entered into or not) has any right of appeal against the terms of the agreement.(6) An agreement under this section is not an enterprise agreement within the meaning of the Industrial Relations Act 1996. However, the Chief Investigator may enter into such an enterprise agreement as the employer of the members of staff concerned.60 Salary, wages and conditions of staff
The Chief Investigator may fix the salary, wages and conditions of employment of any staff appointed under section 59 (1) in so far as they are not fixed by or under any other Act or law.61 Regulations relating to staff of Chief Investigator
(1) The regulations may make provision for or with respect to the employment of staff appointed under section 59 (1), including the conditions of employment and the discipline of any such staff.(2) Any such regulations relating to the conditions of employment or the discipline of staff:(a) have effect subject to any relevant award made by a competent industrial tribunal and to any industrial agreement to which the Chief Investigator is a party, and(b) have effect despite any determination of the Chief Investigator under section 60, and(c) have effect subject to Part 3.1 of the Public Sector Employment and Management Act 2002.
Omit “for staff of each Authority and the Independent Transport Safety and Reliability Regulator”.Insert instead “for certain staff”.
Omit “(Section 68)”. Insert instead “(Section 58)”.
[7] Schedule 8 State Rail Authority
Omit “Sections 66–68 and Schedule 5 apply” from clause 11 (3).Insert instead “Schedule 5 applies”.
4.76 Treasury Corporation Act 1983 No 75
[1] Section 4 New South Wales Treasury Corporation
Insert after section 4 (9):(10) The Corporation cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Corporation to exercise its functions.
[2] Section 4C Staff of Corporation and other persons
Omit the section.
[3] Schedule 2 Provisions relating to the rights of certain staff of the Corporation
Omit the Schedule.
4.77 Vocational Education and Training Accreditation Act 1990 No 120
Omit the definition of General Manager from section 4 (1). Insert instead:General Manager means the General Manager of the Board holding office as such under Chapter 1A of the Public Sector Employment and Management Act 2002.
[2] Section 6 Objects and functions of the Board
Insert after section 6 (2):(3) The Board cannot, however, employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Board to exercise its functions.
[3] Section 7 Staff of the Board
Omit the section.
4.78 Vocational Education and Training Act 2005 No 100
Omit the definition of Director from section 4 (1). Insert instead:Director means the Director of the Board holding office as such under Chapter 1A of the Public Sector Employment and Management Act 2002.
[2] Section 6 Objects and functions of Board
Insert after section 6 (2):(3) The Board cannot, however, employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Board to exercise its functions.
Omit the section.
4.79 Water Management Act 2000 No 92
[1] Section 285 Water supply authorities
Insert after section 285 (2):(3) A corporation listed in Part 1 of Schedule 3 cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable such a corporation to exercise its functions.
Omit the section.
4.80 Wild Dog Destruction Act 1921 No 17
[1] Section 3A The Wild Dog Destruction Board
Insert after section 3A (2):(2A) The board cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the board to exercise its functions.
[2] Section 24 Board may employ persons
Omit the section.
4.81 Wollongong Sportsground Act 1986 No 174
[1] Section 4 Constitution of the Trust
Insert after section 4 (2):(3) The Trust cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Trust to exercise its functions.
[2] Section 21 Power to employ staff
Omit the section.
4.82 Workplace Injury Management and Workers Compensation Act 1998 No 86
[1] Section 17 Staff of Authority
Omit the section.
[2] Section 22 General functions of the Authority
Insert after section 22 (3):(4) The Authority cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Authority to exercise its functions.
4.83 Zoological Parks Board Act 1973 No 34
[1] Section 5 Constitution of the Board
Insert after section 5 (2):(3) However, the Board cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Board to exercise its functions.
Omit the section. Insert instead:12 Director of Zoological Parks Board
(1) The Minister may, in consultation with the Board, appoint a Director of the Zoological Parks Board.(2) The employment of the Director is subject to Part 3.1 of the Public Sector Employment and Management Act 2002, but is not subject to Chapter 1A of that Act.
[3] Section 12A Preservation of rights of certain employees
Omit the section.
[4] Section 13 Use of officers or employees
Omit the section.
[5] Schedule 1 Preservation of rights of certain employees
Omit the Schedule.