This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.
158A Act not to apply to judicial or parliamentary officers
(1988 Act, s 4)
This Act does not apply to any of the following positions or to any person holding such a position (except to the extent that a provision of this Act otherwise expressly provides):(a) any position of a judicial officer within the meaning of the Judicial Officers Act 1986,(b) any position of officer of either House of Parliament or any position under the separate control of the President or Speaker, or under their joint control.Note. Parliamentary officers do, however, comprise a public sector service (see paragraph (e) of that definition in section 3). Accordingly, provisions of this Act relating to public sector ethics (Part 1.2), the functions of the Public Service Commissioner (Part 1.3), staff mobility (Part 3.2) and certain other provisions that generally deal with employees in a public sector service (such as sections 100, 102 and 103) apply to parliamentary officers.
(1988 Act, ss 82–85)
(1) The Minister may, in the case of any matter relating to a Division of the Government Service or statutory body representing the Crown, direct such person as the Minister specifies in the direction to conduct a special inquiry into the matter.(2) A special inquiry may be conducted under this section into a matter involving the conduct or performance of a chief executive officer or a senior executive officer (whether or not the person has ceased to be such an officer).(3) A person conducting a special inquiry may enter the premises of any Division of the Government Service or statutory body representing the Crown in connection with the inquiry.(4) A person conducting a special inquiry has, for the purposes of the inquiry, the functions, protections and immunities conferred on a commissioner by Division 1 of Part 2 of the Royal Commissions Act 1923. If 2 or more persons are conducting a special inquiry, the person appointed to preside at the inquiry has, for the purposes of the inquiry, the functions conferred on the chairman of a commission by the Royal Commissions Act 1923.(5) The provisions of the Royal Commissions Act 1923 (except section 13 and Division 2 of Part 2) with necessary modifications apply:(a) to a special inquiry, and(b) to any witness or person summoned by or appearing before the inquiry.(6) If the person conducting a special inquiry agrees, an agent (including an Australian legal practitioner) may represent a person, Division of the Government Service or other body at the inquiry.(7) The person conducting a special inquiry is not bound by the rules of evidence and may be informed on any matter in issue at the inquiry in such manner as the person considers appropriate.(8) The person conducting a special inquiry may, in respect of a matter not dealt with by or under this Act, give directions as to the procedure to be followed at or in connection with the inquiry.(9) The person conducting a special inquiry must:(a) within such period as the Minister requires, prepare a report on the conduct and findings, and any recommendations, of the inquiry, and(b) immediately after preparing the report, provide the Minister with a copy of the report.(10) The Minister must cause a copy of the report, together with information as to any action taken or proposed to be taken in relation to the subject of the report, to be laid before each House of Parliament within 30 sitting days of that House after the day on which the Minister was provided with a copy of the report.
159A Inquiries by Director-General into public sector agencies
(1) In this section:Director-General means the Director-General of the Department of Premier and Cabinet.
(2) The Director-General or a person authorised by the Director-General may conduct an inquiry into any matter relating to the administration or management of a public sector agency.(2A) An inquiry cannot be conducted under this section into any matter that is the subject of an inquiry by the Commissioner under section 3K except with the concurrence of the Commissioner.(3) The Director-General or a person authorised by the Director-General may, for the purposes of conducting an inquiry under this section:(a) enter and inspect the premises of a public sector agency, and(b) require the production of, and take copies of, any documents in the custody of a member of staff of the public sector agency, and(c) for the purposes of further examination, take possession of, and remove, any of those documents, and(d) require a member of staff of the public sector agency to answer questions, and(e) require a member of staff of the public sector agency to provide such assistance and facilities as is or are necessary to enable the Director-General or authorised person to exercise functions under this section.(4) A reference in subsection (3) to a member of staff of a public sector agency includes a reference to any person who is engaged by the agency (whether directly or indirectly) under a contract for services.(5) This section does not affect the operation of section 3K, 132 or 159.(6) This section does not apply to or in respect of:(a) the NSW Police Force, or(b) the public sector agency comprising the service of either House of Parliament, or the President or Speaker, or the President and the Speaker jointly.
160 Certain other Acts not to be affected
(1988 Act, s 95)
(1) This Act does not affect the operation of the following Acts:(a) the Industrial Relations Act 1996,(b) the Superannuation Act 1916 or any other superannuation legislation that applies to employees to whom this Act applies.(2) Subsection (1) does not limit the operation of section 22, 35, 72 or 103A.
161 Minister’s powers to control staff and work of Department not affected
(1988 Act, s 96)
The ordinary and necessary departmental authority of a Minister with respect to the control and direction of staff and work is not limited by anything in this Act.
(1988 Act, s 96A)
The Minister may delegate to any person any of the Minister’s functions under this Act, other than this power of delegation.
162A Personal liability of Commissioner and certain other persons
(1) A matter or thing done (or omitted to be done) by:(a) the Commissioner, or(b) the Advisory Board, or(c) a person acting under the direction of the Commissioner or the Advisory Board,does not, if the matter or thing was done (or omitted to be done) in good faith for the purposes of executing this or any other Act, subject the Commissioner, a member of the Advisory Board or a person so acting personally to any action, liability, claim or demand.(2) A reference in subsection (1) to the execution of this Act includes a reference to the execution of the provisions of any other Act that confer functions on the Commissioner or the Advisory Board.
(1988 Act, s 119)
Proceedings for an offence under this Act may be dealt with summarily before the Local Court.
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.(1A) In particular, the regulations may:(a) make provision for or with respect to the principles, practices and procedures to be observed in connection with the exercise of the functions of the Commissioner, and(b) prescribe the circumstances in which an approval by the Commissioner under this or any other Act may be regarded as having been given, or(c) prescribe the procedure for obtaining any such approval.(2) A regulation may create an offence punishable by a penalty not exceeding 10 penalty units.
(1) The following Acts are repealed:(2) Different days may be appointed for the commencement of subsection (1) for the purpose of repealing, on different days, different provisions of the Public Sector Management Act 1988.
166 Savings, transitional and other provisions
Schedule 4 has effect.
(1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.(2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.(3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.