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Public Sector Restructure (Miscellaneous Acts Amendments) Act 2009 No 96


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Status Information

Currency of version
Repealed version for 1 December 2009 to 1 September 2011 (accessed 21 May 2013 at 19:12).
Legislation on this site is usually updated within 3 working days after a change to the legislation.

Provisions in force
The provisions displayed in this version of the legislation have all commenced. See Historical notes

Repeal:
The Act was repealed by sec 30C of the Interpretation Act 1987 No 15 with effect from 2.9.2011.

Authorisation
This version of the legislation is compiled and maintained in a database of legislation by the Parliamentary Counsel's Office and published on the NSW legislation website, and is certified as the form of that legislation that is correct under section 45C of the Interpretation Act 1987.

File last modified 2 September 2011.

Contents

Long title

1 Name of Act
2 Commencement
3 Explanatory notes

Schedules 1–14 (Repealed)

Schedule 15 Amendment of Ombudsman Act 1974 No 68

Schedules 16–32 (Repealed)

Historical notes


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An Act to amend certain legislation as a consequence of recent administrative changes involving departmental amalgamations and to implement further reforms in relation to the public sector.

1   Name of Act

This Act is the Public Sector Restructure (Miscellaneous Acts Amendments) Act 2009.

2   Commencement

(1)  This Act commences on the date of assent to this Act, except as provided by this section.
(2)  Schedule 15 commences on a day to be appointed by proclamation.
(3)  Schedule 20 is taken to have commenced on 1 July 2009.

3   Explanatory notes

The matter appearing under the heading “Explanatory note” in any of the Schedules to this Act does not form part of this Act.

Schedules 1–14 (Repealed)

Schedule 15 Amendment of Ombudsman Act 1974 No 68

[1]   Section 5 Definitions

Insert “or, in the case where more than one Minister is responsible for that Department, the Minister who, in the opinion of the Ombudsman, is most nearly connected with the conduct of that Department” after “the Minister responsible for that Department” in paragraph (a) of the definition of responsible Minister in section 5 (1).

[2]   Section 25A Definitions

Omit paragraph (a) of the definition of designated government agency in section 25A (1).

Insert instead:

  
(a)  the Department of Education and Training (including a government school) or the Department of Health,
(a1)  a Division of the Government Service (or a part of a Division of the Government Service) prescribed by the regulations for the purposes of this definition,

Explanatory note

The proposed amendments:
(a)  enable the Ombudsman, in the case where more than one Minister is responsible for a particular Department, to determine which Minister is the responsible Minister for the purposes of consultation with the Ombudsman under various provisions of the above Act relating to that Department, and
(b)  enable parts of an agency (rather than an entire agency) to be prescribed as an agency that is subject to the child protection requirements under Part 3A of the above Act.

Schedules 16–32 (Repealed)

Historical notes

The following abbreviations are used in the Historical notes:

Am

amended

LW

legislation website

Sch

Schedule

Cl

clause

No

number

Schs

Schedules

Cll

clauses

p

page

Sec

section

Div

Division

pp

pages

Secs

sections

Divs

Divisions

Reg

Regulation

Subdiv

Subdivision

GG

Government Gazette

Regs

Regulations

Subdivs

Subdivisions

Ins

inserted

Rep

repealed

Subst

substituted

Table of amending instruments

Public Sector Restructure (Miscellaneous Acts Amendments) Act 2009 No 96. Assented to 30.11.2009. Date of commencement, Schs 15 and 20 excepted, assent, sec 2 (1); date of commencement of Sch 15, 1.9.2011, sec 2 (2) and 2011 (447) LW 26.8.2011; date of commencement of Sch 20, 1.7.2009, sec 2 (3).

This Act has been amended by sec 30C of the Interpretation Act 1987 No 15.

Table of amendments

Schs 1–14, 16–32

Rep 1987 No 15, sec 30C.

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