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House of Assembly—No 57
As laid on the table and read a first time,
Statutes
Amendment (Public Sector Employment) Bill 2006
A Bill For
An
Act to amend various Acts in order to provide for new employment arrangements
within the public sector on account of the enactment of Commonwealth
legislation relating to workplace relations.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Aboriginal
Lands Trust Act 1966
4 Amendment of section 3—Interpretation
5 Amendment of section 11A—Delegation
by Trust
6 Substitution of section 15
15 Staffing arrangements
Part 3—Amendment of Adelaide
Cemeteries Authority Act 2001
7 Amendment of section 3—Interpretation
8 Amendment of section 11—Common seal
and execution of documents
9 Substitution of section 18
18 Staffing arrangements
Part 4—Amendment of
10 Amendment of section 4—Interpretation
11 Substitution of sections 21 and
22
21 Staffing arrangements
22 Related staffing issues
Part 5—Amendment of Adelaide
Festival Corporation Act 1998
12 Amendment of section 3—Interpretation
13 Amendment of section 6—Powers of
the Corporation
14 Insertion of new Division
Division 5—Staffing
arrangements
20A Staffing arrangements
Part 6—Amendment of Ambulance
Services Act 1992
15 Amendment of section 4—Interpretation
16 Insertion of section 13A
13A Staffing arrangements
Part 7—Amendment of Children's
Services Act 1985
17 Amendment of section 3—Interpretation
18 Amendment of section 9—Delegation
19 Amendment of section 10—Director
and other staff may be referred to as the Children's Services Office
20 Amendment of section 11—Director of
Children's Services
21 Substitution of section 12
12 Staff
22 Substitution of section 13
13 Superannuation
23 Amendment of section 14—Transfer
of staff from public service or prescribed employment
24 Amendment of section 51—Recognised
organisations
Part 8—Amendment of Commercial
Arbitration Act 1986
25 Amendment of section 1—Short
title
26 Amendment of section 3—Application
provisions
27 Insertion of Schedule
Schedule
1—Industrial Relations Commission may act on a referral of a matter by
agreement
1 Interpretation
2 Referral of matter to Industrial
Relations Commission by agreement
Part 9—Amendment of Education
Act 1972
28 Amendment of section 5—Interpretation
29 Amendment of section 8—Power of
delegation
30 Amendment of section 9—General
powers of Minister
31 Amendment of section 15—Appointment
to teaching service
32 Amendment of section 15B—Appointment
to promotional level positions
33 Amendment of section 16—Retrenchment
of officers of the teaching service
34 Amendment of section 17—Incapacity
of members of the teaching service
35 Amendment of section 21—Payment
in lieu of long service leave
36 Amendment of section 22—Interruption
of service
37 Amendment of section 24—Rights of
persons transferred to the teaching service
38 Amendment of section 26—Disciplinary
action
39 Amendment of section 27—Suspension
40 Amendment of section 53—Appeals
in respect of appointments to promotional level positions
41 Insertion of sections 101B and 101C
101B Other staffing arrangements
101C Employing authority—related matters
Part 10—Amendment of Electricity
Act 1996
42 Amendment of section 4—Interpretation
43 Amendment of section 6F—Common seal
and execution of documents
44 Substitution of section 6L
6L Chief executive
6LA Staffing arrangements
Part 11—Amendment of Fair
Work Act 1994
45 Amendment of section 44—Protection
for officers
Part 12—Amendment of Fire
and Emergency Services Act 2005
46 Amendment of section 17—Staff
47 Amendment of section 28—Deputy
Chief Officer and Assistant Chief Officers
48 Amendment of section 29—Other
officers and firefighters
49 Amendment of section 30—Employees
50 Amendment of section 31—Staff
51 Amendment of section 61—Deputy Chief
Officer and Assistant Chief Officers
52 Amendment of section 62—Other
officers
53 Amendment of section 63—Employees
54 Amendment of section 64—Staff
55 Amendment of section 110—Deputy
Chief Officer and Assistant Chief Officers
56 Amendment of section 111—Other officers
57 Amendment of section 112—Employees
58 Amendment of section 113—Staff
Part 13—Amendment of History
Trust of
59 Amendment of section 4—Interpretation
60 Substitution of section 16
16 Staffing arrangements
Part 14—Amendment of
61 Amendment of section 3—Interpretation
62 Amendment of section 14—Functions and
powers of Institute
63 Amendment of section 16—Director of
Institute
64 Substitution of section 17
17 Staff of Institute
65 Amendment of section 18—Superannuation,
accrued leave rights etc
66 Amendment of section 21—Accounts,
audit etc
67 Repeal of section 27
68 Amendment of section 28—Recognised
organisations
69 Repeal of section 29
70 Amendment of section 30—Duty to maintain
confidentiality
Part 15—Amendment of Natural
Resources Management Act 2004
71 Amendment of section 3—Interpretation
72 Amendment of section 34—Staff
Part 16—Amendment of Public
Sector Management Act 1995
73 Amendment of Schedule 1—Persons
excluded from Public Service
Part 17—Amendment of Senior
Secondary Assessment Board of
74 Amendment of section 4—Interpretation
75 Amendment of section 9A—Chief
Executive Officer
76 Amendment of section 12—Delegation
77 Substitution of section 18
18 Staffing arrangements
Part 18—Amendment of South
Australian Country Arts Trust Act 1992
78 Amendment of section 3—Interpretation
79 Substitution of section 13
13 Staffing arrangements
Part 19—Amendment of South
Australian Film Corporation Act 1972
80 Amendment of section 4—Interpretation
81 Substitution of section 9
9 Appointment of Chief Executive
Officer
9A Staffing arrangements
82 Amendment of section 12—Power of
Corporation to delegate powers
83 Substitution of section 26
26 Superannuation
84 Amendment of section 33—Regulations
Part 20—Amendment of South
Australian Health Commission Act 1976
85 Amendment of section 6—Interpretation
86 Amendment of section 19—Staff and
facilities
87 Substitution of section 30
30 Staff
88 Amendment of section 31—Superannuation,
accrued leave rights, etc
89 Substitution of section 51
51 Staff
90 Amendment of section 52—Superannuation,
accrued leave rights, etc
91 Amendment of section 59—Application of
Public Sector Management Act to employees
92 Repeal of section 60
93 Amendment of section 61—Recognised
organisations
94 Amendment of section 63A—Conflict of
interest
95 Amendment of section 64—Duty to
maintain confidentiality
Part 21—Amendment of South
Australian Motor Sport Act 1984
96 Amendment of section 3—Interpretation
97 Substitution of Part 2 Division 3
Division 3—Chief Executive and
staff
13 Chief Executive
14 Staffing arrangements
Part 22—Amendment of South
Australian Tourism Commission Act 1993
98 Amendment of section 4—Interpretation
99 Amendment of section 16—Common seal
and execution of documents
100 Insertion of Part 2 Division 5
Division 5—Staffing
arrangements
18A Staffing arrangements
101 Amendment of section 20—Powers of
Commission
Part 23—Amendment of State
Opera of
102 Amendment of section 4—Interpretation
103 Amendment of section 7—Staff
participation on Board
104 Repeal of section 20
105 Amendment of heading to Part 3
106 Substitution of section 21
21 Staffing arrangements
21A Related staffing issues
107 Amendment of section 22—Secretary to the
Board
Part 24—Amendment of State
Theatre Company of
108 Amendment of section 4—Interpretation
109 Amendment of section 6—Board of
Governors
110 Amendment of section 9—Casual vacancies
111 Amendment of section 16—Declaration of
interest
112 Repeal of section 19
113 Amendment of heading to Part 3
114 Substitution of sections 20 and 21
20 Staffing arrangements
20A Related staffing issues
21 Artistic director of the Company
115 Amendment of section 22—Secretary to the
Board
Part 25—Amendment of Technical
and Further Education Act 1975
116 Amendment of section 4—Interpretation
117 Amendment of section 8—Delegation by
Minister
118 Amendment of section 9—General powers of
Minister
119 Amendment of section 13—Delegation by
Chief Executive Officer
120 Amendment of section 15—Appointment of
officers
121 Amendment of section 15A—Termination of
appointment of officers on probation
122 Amendment of section 16—Retrenchment of
officers
123 Amendment of section 17—Incapacity of
officers
124 Amendment of section 21—Payment in lieu
of long service leave
125 Amendment of section 22—Interruption of
service
126 Amendment of section 23—Recognition of
previous employment
127 Amendment of section 26—Disciplinary
action
128 Amendment of section 27—Suspension
129 Amendment of section 39AA—Operation of
industrial relations legislation
130 Insertion of sections 39AAB and 39AAC
39AAB Other staffing arrangements
39AAC Employing authority—related matters
Schedule 1—Transitional provisions
1 Interpretation
2 Transfer of employment
3 Superannuation
4 Interpretative provision
5 Related matters
6 Other provisions
The Parliament of
This Act may be cited as the Statutes Amendment (Public Sector
Employment) Act 2006.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the
amendment of a specified Act amends the Act so specified.
Part 2—Amendment of Aboriginal Lands Trust Act 1966
4—Amendment of section 3—Interpretation
(1) Section 3—after the definition of chairman
insert:
employing authority means the person designated by proclamation as being the
employing authority for the purposes of this definition;
(2) Section 3—after its present contents
as amended by this section (now to be designated as subsection (1))
insert:
(2) A proclamation made for the purposes of the
definition of employing authority—
(a) may
apply by reference to a specified person, or by reference to the person for the
time being holding or acting in a specified office or position; and
(b) may,
from time to time as the Governor thinks fit, be varied or substituted by a new
proclamation.
5—Amendment of section 11A—Delegation by Trust
Section 11A(2)(d)—delete paragraph (d)
Section 15—delete the section and
substitute:
15—Staffing
arrangements
(1) The
employing authority may employ staff to perform functions in connection with
the operations or activities of the Trust.
(2) The
terms and conditions of employment of a person under subsection (1) will
be determined by the employing authority.
(3) A
person employed under this section will be taken to be employed by or on behalf
of the Crown (but will not be employed in the Public Service of the State
unless brought into an administrative unit under the Public Sector
Management Act 1995).
(4) The
employing authority may direct a person employed under this section to perform
functions in connection with the operations or activities of a public sector
agency specified by the employing authority (and the person must comply with
that direction).
(5) The
employing authority is, in acting under this section, subject to direction by
the Minister.
(6) However,
no Ministerial direction may be given by the Minister relating to the
appointment, transfer, remuneration, discipline or termination of a particular
person.
(7) The
employing authority may delegate a power or function under this section.
(8) A delegation under subsection (7)—
(a) must
be by instrument in writing; and
(b) may
be made to a body or person (including a person for the time being holding or
acting in a specified office or position); and
(c) may
be unconditional or subject to conditions; and
(d) may,
if the instrument of delegation so provides, allow for the further delegation
of a power or function that has been delegated; and
(e) does
not derogate from the power of the employing authority to act personally in any
matter; and
(f) may
be revoked at any time by the employing authority.
(9) A
change in the person who constitutes the employing authority under this Act
will not affect the continuity of employment of a person under this section.
(10) The
Trust must, at the direction of the Minister, the Treasurer or the employing
authority, make payments with respect to any matter arising in connection with
the employment of a person under this section (including, but not limited to,
payments with respect to salary or other aspects of remuneration, leave
entitlements, superannuation contributions, taxation liabilities, workers
compensation payments, termination payments, public liability insurance and
vicarious liabilities).
(11) The
Trust does not have the power to employ any person.
(12) The
Trust may, under an arrangement established by a Minister administering an
administrative unit, make use of the services or staff of that administrative
unit.
(13) The
Trust may, after consultation with the employing authority, appoint a person
employed under this section to the position of Secretary or Manager (and the
same person may hold both positions).
(14) In
this section—
public sector agency has the same meaning as in the Public Sector Management
Act 1995.
Part 3—Amendment of Adelaide Cemeteries Authority
Act 2001
7—Amendment of section 3—Interpretation
(1) Section 3—after the definition of director
insert:
employing authority means the person designated by proclamation as being the
employing authority for the purposes of this definition;
(2) Section 3—after its present contents
as amended by this section (now to be designated as subsection (1))
insert:
(2) A proclamation made for the purposes of the
definition of employing authority—
(a) may
apply by reference to a specified person, or by reference to the person for the
time being holding or acting in a specified office or position; and
(b) may,
from time to time as the Governor thinks fit, be varied or substituted by a new
proclamation.
8—Amendment of section 11—Common seal and execution of documents
Section 11(2)—delete "an employee of
the Authority" and substitute:
a person employed under this Act
Section 18—delete the section and
substitute:
18—Staffing
arrangements
(1) The
employing authority may employ staff to perform functions in connection with
the operations or activities of the Authority.
(2) The
terms and conditions of employment of a person under subsection (1) will
be determined by the employing authority.
(3) A
person employed under this section will be taken to be employed by or on behalf
of the Crown (but will not be employed in the Public Service of the State
unless brought into an administrative unit under the Public Sector Management
Act 1995).
(4) The
employing authority may direct a person employed under this section to perform
functions in connection with the operations or activities of a public sector
agency specified by the employing authority (and the person must comply with
that direction).
(5) The
employing authority is, in acting under this section, subject to direction by
the Minister.
(6) However,
no Ministerial direction may be given by the Minister relating to the
appointment, transfer, remuneration, discipline or termination of a particular
person.
(7) The
employing authority may delegate a power or function under this section.
(8) A delegation under subsection (7)—
(a) must
be by instrument in writing; and
(b) may
be made to a body or person (including a person for the time being holding or
acting in a specified office or position); and
(c) may
be unconditional or subject to conditions; and
(d) may,
if the instrument of delegation so provides, allow for the further delegation
of a power or function that has been delegated; and
(e) does
not derogate from the power of the employing authority to act personally in any
matter; and
(f) may
be revoked at any time by the employing authority.
(9) A
change in the person who constitutes the employing authority under this Act
will not affect the continuity of employment of a person under this section.
(10) The
Authority must, at the direction of the Minister, the Treasurer or the
employing authority, make payments with respect to any matter arising in
connection with the employment of a person under this section (including, but
not limited to, payments with respect to salary or other aspects of
remuneration, leave entitlements, superannuation contributions, taxation
liabilities, workers compensation payments, termination payments, public
liability insurance and vicarious liabilities).
(11) The
Authority does not have the power to employ any person.
(12) The
Authority may, under an arrangement established by the Minister administering
an administrative unit, make use of the services or staff of that
administrative unit.
(13) In
this section—
public sector agency has the same meaning as in the Public Sector Management
Act 1995.
Part 4—Amendment of
10—Amendment of section 4—Interpretation
(1) Section 4(1)—after the definition of the
Council insert:
employing authority means the person designated by proclamation as being the
employing authority for the purposes of this definition;
(2) Section 4—after subsection (2)
insert:
(3) A proclamation made for the purposes of the
definition of employing authority—
(a) may
apply by reference to a specified person, or by reference to the person for the
time being holding or acting in a specified office or position; and
(b) may,
from time to time as the Governor thinks fit, be varied or substituted by a new
proclamation.
11—Substitution of sections 21 and 22
Sections 21 and 22—delete the sections and
substitute:
21—Staffing
arrangements
(1) The
employing authority may employ staff to perform functions in connection with
the operations or activities of the Trust.
(2) The
terms and conditions of employment of a person under subsection (1) will
be determined by the employing authority.
(3) A
person employed under this section will be taken to be employed by or on behalf
of the Crown (but will not be employed in the Public Service of the State
unless brought into an administrative unit under the Public Sector
Management Act 1995).
(4) The
employing authority may direct a person employed under this section to perform
functions in connection with the operations or activities of a public sector
agency specified by the employing authority (and the person must comply with
that direction).
(5) The
employing authority is, in acting under this section, subject to direction by
the Minister.
(6) However,
no Ministerial direction may be given by the Minister relating to the
appointment, transfer, remuneration, discipline or termination of a particular
person.
(7) The
employing authority may delegate a power or function under this section.
(8) A delegation under subsection (7)—
(a) must
be by instrument in writing; and
(b) may
be made to a body or person (including a person for the time being holding or
acting in a specified office or position); and
(c) may
be unconditional or subject to conditions; and
(d) may,
if the instrument of delegation so provides, allow for the further delegation
of a power or function that has been delegated; and
(e) does
not derogate from the power of the employing authority to act personally in any
matter; and
(f) may
be revoked at any time by the employing authority.
(9) A
change in the person who constitutes the employing authority under this Act
does not affect the continuity of employment of a person under this section.
(10) The
Trust must, at the direction of the Minister, the Treasurer or the employing
authority, make payments with respect to any matter arising in connection with
the employment of a person under this section (including, but not limited to,
payments with respect to salary or other aspects of remuneration, leave
entitlements, superannuation contributions, taxation liabilities, workers
compensation payments, termination payments, public liability insurance and
vicarious liabilities).
(11) The
Trust does not have the power to employ any person.
(12) The
Trust may, under an arrangement established by a Minister administering an
administrative unit, make use of the services or staff of that administrative
unit.
(13) In
this section—
public sector agency has the same meaning as in the Public Sector Management
Act 1995.
22—Related
staffing issues
(1) The
employing authority may, with the approval of the Minister, determine that, for
the purposes of the accrual of, or a payment of a lump sum in lieu of the grant
of, long service leave or for the purposes of the accrual of leave on account
of illness, previous service of a person employed under this Act with an
employer other than the employing authority may be regarded, to the extent
approved by the Minister, as service with the employing authority.
(2) The
employing authority may enter into arrangements contemplated by section 5
of the Superannuation Act 1988.
Part 5—Amendment of Adelaide Festival Corporation Act 1998
12—Amendment of section 3—Interpretation
(1) Section 3(1)—after the definition of Corporation
insert:
employing authority means the person designated by proclamation as being the
employing authority for the purposes of this definition;
(2) Section 3—after subsection (2)
insert:
(3) A proclamation made for the purposes of the
definition of employing authority—
(a) may
apply by reference to a specified person, or by reference to the person for the
time being holding or acting in a specified office or position; and
(b) may,
from time to time as the Governor thinks fit, be varied or substituted by a new
proclamation.
13—Amendment of section 6—Powers of the Corporation
Section 6(2)(a)—delete paragraph (a)
After section 20 insert:
Division 5—Staffing
arrangements
20A—Staffing
arrangements
(1) The
employing authority may employ staff to perform functions in connection with
the operations or activities of the Corporation.
(2) The
terms and conditions of employment of a person under subsection (1) will
be determined by the employing authority.
(3) A
person employed under this section will be taken to be employed by or on behalf
of the Crown (but will not be employed in the Public Service of the State
unless brought into an administrative unit under the Public Sector
Management Act 1995).
(4) The
employing authority may direct a person employed under this section to perform
functions in connection with the operations or activities of a public sector
agency specified by the employing authority (and the person must comply with
that direction).
(5) The
employing authority is, in acting under this section, subject to direction by
the Minister.
(6) However,
no Ministerial direction may be given by the Minister relating to the
appointment, transfer, remuneration, discipline or termination of a particular
person.
(7) The
employing authority may delegate a power or function under this section.
(8) A delegation under subsection (7)—
(a) must
be by instrument in writing; and
(b) may
be made to a body or person (including a person for the time being holding or
acting in a specified office or position); and
(c) may
be unconditional or subject to conditions; and
(d) may,
if the instrument of delegation so provides, allow for the further delegation
of a power or function that has been delegated; and
(e) does
not derogate from the power of the employing authority to act personally in any
matter; and
(f) may
be revoked at any time by the employing authority.
(9) A
change in the person who constitutes the employing authority under this Act
will not affect the continuity of employment of a person under this section.
(10) The
Corporation must, at the direction of the Minister, the Treasurer or the
employing authority, make payments with respect to any matter arising in
connection with the employment of a person under this section (including, but
not limited to, payments with respect to salary or other aspects of
remuneration, leave entitlements, superannuation contributions, taxation
liabilities, workers compensation payments, termination payments, public
liability insurance and vicarious liabilities).
(11) The
Corporation does not have the power to employ any person.
(12) The
Corporation may, under an arrangement established by a Minister administering
an administrative unit, make use of the services or staff of that
administrative unit.
(13) In
this section—
public sector agency has the same meaning as in the Public Sector Management
Act 1995.
Part 6—Amendment of Ambulance Services Act 1992
15—Amendment of section 4—Interpretation
(1) Section 4—after the definition of ambulance
service insert:
employing authority means the person designated by proclamation as being the
employing authority for the purposes of this definition;
(2) Section 4—after its present contents as
amended by this section (now to be designated as subsection (1)) insert:
(2) A proclamation made for the purposes of the
definition of employing authority—
(a) may
apply by reference to a specified person, or by reference to the person for the
time being holding or acting in a specified office or position; and
(b) may,
from time to time as the Governor thinks fit, be varied or substituted by a new
proclamation.
After section 13 insert:
13A—Staffing
arrangements
(1) The
employing authority may employ persons to perform functions in connection with
the operations or activities of SAAS.
(2) The
terms and conditions of employment of a person under subsection (1) will
be determined by the employing authority.
(3) A
person employed under this section will be taken to be employed by or on behalf
of the Crown (but will not be employed in the Public Service of the State
unless brought into an administrative unit under the Public Sector
Management Act 1995).
(4) The
employing authority may direct a person employed under this section to perform
functions in connection with the operations or activities of a public sector
agency specified by the employing authority (and the person must comply with
that direction).
(5) The
employing authority is, in acting under this section, subject to direction by
the Minister.
(6) However,
no Ministerial direction may be given by the Minister relating to the
appointment, transfer, remuneration, discipline or termination of a particular
person.
(7) The
employing authority may delegate a power or function under this section.
(8) A delegation under subsection (7)—
(a) must
be by instrument in writing; and
(b) may
be made to a body or person (including a person for the time being holding or
acting in a specified office or position); and
(c) may
be unconditional or subject to conditions; and
(d) may,
if the instrument of delegation so provides, allow for the further delegation
of a power or function that has been delegated; and
(e) does
not derogate from the power of the employing authority to act personally in any
matter; and
(f) may
be revoked at any time by the employing authority.
(9) A
change in the person who constitutes the employing authority under this Act
will not affect the continuity of employment of a person under this section.
(10) SAAS
must, at the direction of the Minister, the Treasurer or the employing authority,
make payments with respect to any matter arising in connection with the
employment of a person under this section (including, but not limited to,
payments with respect to salary or other aspects of remuneration, leave
entitlements, superannuation contributions, taxation liabilities, workers
compensation payments, termination payments, public liability insurance and
vicarious liabilities).
(11) SAAS
does not have the power to employ any person.
(12) SAAS
may, under an arrangement established by a Minister administering an
administrative unit, make use of the services or staff of that administrative
unit.
(13) In
this section—
public sector agency has the same meaning as in the Public Sector Management
Act 1995.
Part 7—Amendment of Children's Services Act 1985
17—Amendment of section 3—Interpretation
(1) Section 3—after the definition of
"the Director" insert:
employing authority means—
(a) unless
paragraph (b) applies—the Director;
(b) if
the Governor thinks fit, a person, or a person holding or acting in an office
or position, designated by proclamation made for the purposes of this
definition;
(2) Section 3—after its present contents
as amended by this section (now to be designated as subsection (1))
insert:
(2) The
Governor may, from time to time as the Governor thinks fit, vary or revoke a
proclamation made for the purposes of the definition of employing
authority, or make a new proclamation for the purposes of that
definition.
18—Amendment of section 9—Delegation
Section 9—after subsection (2) insert:
(3) A
power or function delegated under this section may, if the instrument of
delegation so provides, be further delegated.
(1) Section 10(1)—delete "other staff
of the Minister under this Act" and substitute:
members of the staff employed by the employing authority for the
purposes of this Act
(2) Section 10(2)—delete "of the
Minister under this Act" and substitute:
of the Children's Services Office
20—Amendment of section 11—Director of Children's Services
(1) Section 11(4)—delete "The Public Service Act 1967
shall" and substitute:
The Public Sector Management Act 1995 will
(2) Section 11—after subsection (4) insert:
(5) The
Director may delegate to any other person any of his or her powers or functions
under this Act.
(6) A
delegation under this section is revocable at will and does not derogate from
the power of the Director to act personally in any matter.
(7) A
power or function delegated under this section may, if the instrument of
delegation so provides, be further delegated.
Section 12—delete the section and
substitute:
12—Staff
(1) The
employing authority may employ staff for the purposes of this Act.
(2) The
terms and conditions of employment of a person under subsection (1) will
be determined by the employing authority.
(3) A
person employed under this section will be taken to be employed by or on behalf
of the Crown but, subject to subsection (4), the Public Sector
Management Act 1995 will not apply to the person.
(4) The
provisions of the Public Sector Management Act 1995 with respect to
long service leave apply in relation to persons employed under this section
with such modification as may be prescribed.
(5) The
employing authority may direct a person employed under this section to perform
functions in connection with the operations or activities of a public sector
agency specified by the employing authority (and the person must comply with
that direction).
(6) The
employing authority is, in acting under this section, subject to direction by
the Minister.
(7) However,
no Ministerial direction may be given by the Minister relating to the
appointment, transfer, remuneration, discipline or termination of a particular
person.
(8) The
employing authority may delegate a power or function under this section.
(9) A delegation under subsection (8)—
(a) must
be by instrument in writing; and
(b) may
be made to a body or person (including a person for the time being holding or
acting in a specified office or position); and
(c) may
be unconditional or subject to conditions; and
(d) may,
if the instrument of delegation so provides, allow for the further delegation
of a power or function that has been delegated; and
(e) does
not derogate from the power of the employing authority to act personally in any
matter; and
(f) may
be revoked at any time by the employing authority.
(10) A
change in the person constituting the employing authority under this Act will
not affect the continuity of employment of a person under this section.
(11) The
Minister may, in connection with the operation of this Act, with the approval
of another Minister administering an administrative unit, make use of the
services or staff of that administrative unit.
(12) The
Minister may, in connection with the operation to this Act, with the approval
of the Minister responsible for the administration of the Education
Act 1972, make use of services of any member of the teaching service
constituted under that Act.
(13) In
this section—
public sector agency has the same meaning as in the Public Sector Management
Act 1995.
Section 13—delete the section and
substitute:
13—Superannuation
(1) The
employing authority may enter into arrangements contemplated by section 5
of the Superannuation Act 1988.
(2) Any
person employed as a member of the Children's Services Office under this Act
who was, immediately before becoming such an employee, a contributor under the Superannuation
Act 1988 may, subject to that Act, remain a contributor.
23—Amendment of section 14—Transfer of staff from public service or prescribed employment
(1) Section 14(1)—delete "becomes an
officer or employee of the Minister under this Act" and substitute:
becomes a member of the Children's Services Office
(2) Section 14(1)—delete "with the
Minister" and substitute:
with the Children's Services Office
(3) Section 14(2)—delete "becomes an
officer or employee of the Minister under this Act" and substitute:
becomes a member of the Children's Services Office
(4) Section 14(2)—delete "directed by
the Minister and subject to such conditions as may be imposed by the
Minister" and substitute:
directed by the employing authority and subject to such conditions
as may be determined by the employing authority
24—Amendment of section 51—Recognised organisations
(1) Section 51(1)—delete "Where the
Minister" and substitute:
Where the employing authority
(2) Section 51(1)—delete "his
officers and employees under this Act" and substitute:
the members of the Children's Services Office
(3) Section 51(2)—delete "to the
Minister" and substitute:
to the employing authority
(4) Section 51(2)—delete "by the
Minister of his" and substitute:
by the employing authority of
Part 8—Amendment of Commercial Arbitration Act 1986
25—Amendment of section 1—Short title
Section 1—delete "Commercial
Arbitration Act 1986" and substitute:
Commercial Arbitration and Industrial Referral Agreements Act 1986
26—Amendment of section 3—Application provisions
(1) Section 3(7)—delete "This"
and substitute:
Subject to subsection (8), this
(2) Section 3—after subsection (7) insert:
(8) Subsection
(7)(a) does not limit the operation of Schedule 1.
(9) Subject
to the operation of Schedule 1, nothing in the other provisions of this
Act, including subsections (2) to (6) (inclusive) of this section, applies
to a referral agreement.
(10) In
this section—
referral agreement means an agreement under Schedule 1.
After section 57 insert:
Schedule 1—Industrial
Relations Commission may act on a referral of a matter by agreement
1—Interpretation
(1) A
word or expression used in this Schedule that is the subject of a definition
under section 4 of the Fair Work Act 1994 when used in that
Act will have the same meaning in this Schedule as it has in that Act.
(2) To
avoid doubt, a reference to the Court in this Schedule is a
reference to the Industrial Relations Court of South Australia.
2—Referral
of matter to Industrial Relations Commission by agreement
(1) This clause applies to an industrial matter
or an industrial dispute if 2 or more parties have entered into an agreement in
writing (a referral agreement) to seek the assistance of the
Commission by making a referral to the Commission in order to obtain (as the
case may be)—
(a) the
resolution of an industrial matter arising between the parties (including by
making a determination about levels of remuneration, conditions of employment
or other industrial matters);
(b) the
resolution of an industrial dispute between the parties (including by settling
a dispute about whether appropriate remuneration has been paid to a person
under a contract of employment or whether there has been a breach of a
condition of employment);
(c) the
resolution of the question whether, on the balance of probabilities, the
dismissal of an employee was harsh, unjust or unreasonable.
(2) A
referral agreement may relate to a particular matter or dispute, or to matters
or disputes of a specified class.
(3) The parties to a referral agreement may be—
(a) an
employer, or group of employers;
(b) an
employee, or group of employees;
(c) a
registered association;
(d) the
United Trades and Labor Council.
(4) The parties to a referral agreement may
agree that the Commission is—
(a) to
act as a conciliator, mediator or arbitrator;
(b) to
make recommendations to the parties;
(c) to
make determinations or orders that the parties agree to accept or observe,
as specified in the referral agreement.
(5) A
party seeking the assistance of the Commission under a referral agreement will
do so in accordance with the rules.
(6) On
a referral under this Schedule, the Commission has and may perform or exercise
such functions or powers with respect to the matter as the Commission might
exercise in the exercise of its jurisdiction under section 26 of the Fair
Work Act 1994, subject to any limitation or exclusion specified in the
referral agreement and not so as to give any form of relief outside the
referral agreement.
(7) The
regulations may make provision for or with respect to the application of the
provisions of the Fair Work Act 1994 (with such modifications, if
any, as may be prescribed by the regulations) to the performance or exercise of
functions or powers under this Schedule.
(8) Subject
to any regulations made for the purposes of subclause (7) or unless the
Commission is hearing an appeal, the Commission is to be constituted of a
single member of the Commission.
(9) Subject
to the Fair Work Act 1994 and any regulations made for the purposes
of subclause (7), and without limiting section 178 of the Fair
Work Act 1994, rules of the Commission may be made in connection with
the practice and procedure of the Commission in the performance or exercise of
functions or powers conferred by referral agreements.
(10) A determination, order or other decision of
the Commission on a referral under this Schedule—
(a) is
binding on the parties to the referral agreements; and
(b) may
be enforced under the Fair Work Act 1994 in the same way as a
determination, order or other decision of the Commission or the Court to the
same effect.
(11) For
the purposes of subclause (10), the regulations may make provision for the
entry of a determination, order or other decision of the Commission as a
determination, order or other decision of the Commission or the Court (as the
case requires) under the Fair Work Act 1994.
(12) The
Commission may, in acting under this Schedule, make any determination as to the
scope or operation of the relevant referral agreement, or as to the meaning of
any provision of the referral agreement, and any such determination will then
have effect according to its terms.
(13) The Commission may, at any time after a
matter or dispute has been referred to the Commission under this Schedule,
determine to take no action on the referral, or to suspend or discontinue any
action on the referral, if the Commission considers or is satisfied that—
(a) the
matter or dispute should be determined in some other manner; or
(b) proceedings
that relate to the subject matter of the referral have been commenced under the
Fair Work Act 1994, or before some other body or person; or
(c) there
is some other reasonable cause that justifies a decision not to proceed, or to
suspend or discontinue any action under this section,
(and such a determination will have effect according to its
terms).
(14) A
party to a matter in respect of which the Commission has made a determination
under this section may appeal against that determination in accordance with
section 207 of the Fair Work Act 1994 unless the referral
agreement provides that a determination will be final and conclusive and not
subject to appeal.
(15) If
an appeal is made, it will be taken to be part of the referral to the
Commission under the referral agreement.
(16) The
functions and powers conferred on the Commission by or under this Schedule are
in addition to, and do not derogate from, any other function or power of the
Commission under the Fair Work Act 1994.
(17) A
referral agreement may be amended from time to time by agreement between the
parties to the referral agreement.
(18) Once
a referral has been made a party cannot withdraw from the referral agreement
without the agreement in writing of the other party or parties to the
agreement.
Part 9—Amendment of Education Act 1972
28—Amendment of section 5—Interpretation
(1) Section 5(1)—after the definition of the
Director-General insert:
employing authority means—
(a) unless
paragraph (b) applies—the Director-General; or
(b) if
the Governor thinks fit, a person, or a person holding or acting in an office
or position, designated by proclamation made for the purposes of this
definition;
(2) Section 5—after subsection (3)
insert:
(4) The
Governor may, from time to time as the Governor thinks fit, vary or revoke a
proclamation made for the purposes of the definition of employing
authority, or make a new proclamation for the purposes of that
definition.
(5) If—
(a) the
Director-General is the employing authority under this Act; and
(b) a
provision of this Act—
(i) requires
that a matter be referred to the employing authority by the Director-General;
or
(ii) provides
that the Director-General will make a recommendation to the employing
authority,
the provision will be taken to allow for the Director-General, in
his or her capacity as the employing authority, to take action without an
actual referral or recommendation.
29—Amendment of section 8—Power of delegation
(1) Section
8(1)—delete "except his power to dismiss an officer of the teaching
service"
(2) Section 8—after subsection (2) insert:
(3) A
power, duty, responsibility or function delegated under this section may, if
the instrument of delegation so provides, be further delegated.
30—Amendment of section 9—General powers of Minister
Section 9(4)—delete subsection (4)
31—Amendment of section 15—Appointment to teaching service
(1) Section 15(1)—delete
subsection (1) and substitute:
(1) Subject
to this Act, the employing authority may appoint such teachers to be officers
of the teaching service as the employing authority considers appropriate.
(2) Section 15(4)—delete "the
Minister" and substitute:
the employing authority
(3) Section 15(6)—delete "the
Minister" and substitute:
the employing authority
(4) Section 15—after subsection (6)
insert:
(7) If
the Director-General is not the employing authority, the employing authority
must, in acting under this section, consult with the Director-General.
32—Amendment of section 15B—Appointment to promotional level positions
(1) Section 15B(1)—delete "The
Minister" and substitute:
The employing authority
(2) Section 15B(2)—delete "The
Minister" and substitute:
The employing authority
33—Amendment of section 16—Retrenchment of officers of the teaching service
(1) Section 16(1)—delete "Where the
Minister" and substitute:
Where the employing authority
(2) Section 16(1)—delete "the
Minister may, by a written determination under his hand" and substitute:
the employing authority may, by written determination
(3) Section 16—after subsection (4)
insert:
(5) If
the Director-General is not the employing authority, the employing authority
must, in acting under this section, consult with the Director-General.
34—Amendment of section 17—Incapacity of members of the teaching service
(1) Section 17(1)(b)—delete paragraph (b)
and substitute:
(b) determine
to take steps to transfer the officer to some other employment in the
Government of the State;
(2) Section 17(1)(d)—delete "the
Minister" and substitute:
the employing authority
(3) Section 17(1c)—delete
subsection (1c) and substitute:
(1c) The
Director-General may, in acting under subsection (1)(b), recommend to the employing
authority that the officer be appointed to an office or position pursuant to
section 101B or attempt to secure for the officer some other appropriate
employment in the Government of the State.
(4) Section 17(2)—delete "The
Minister" and substitute:
The employing authority
(5) Section 17(3)—delete "made by the
Minister to transfer or retire him in accordance with a recommendation"
and substitute:
to transfer or retire him or her
35—Amendment of section 21—Payment in lieu of long service leave
(1) Section 21(2)—delete "the
Minister must pay" and substitute:
the employing authority must ensure that there is paid
(2) Section 21(2)(b)—delete "the
Minister" and substitute:
the employing authority, with the approval of the Minister,
(3) Section 21(4)—delete "The
Minister" and substitute:
The employing authority
36—Amendment of section 22—Interruption of service
(1) Section 22(3)—delete "the
Minister" and substitute:
the employing authority
(2) Section 22(4)—delete "the
Minister" and substitute:
the employing authority
37—Amendment of section 24—Rights of persons transferred to the teaching service
Section 24(5)—delete "the Minister may,
if he thinks" and substitute:
the employing authority may, if in the opinion of the authority
38—Amendment of section 26—Disciplinary action
(1) Section 26(2)(b)—delete "the
Minister" and substitute:
the employing authority
(2) Section 26(3)—delete "The
Minister" and substitute:
The employing authority
(3) Section 26(4)—delete "the
Minister" and substitute:
the employing authority
39—Amendment of section 27—Suspension
Section 27(3)—delete "the
Minister otherwise directs" and substitute:
the employing authority otherwise determines
40—Amendment of section 53—Appeals in respect of appointments to promotional level positions
(1) Section 53(3)—delete "to the
Minister" and substitute:
to the employing authority
(2) Section 53(6)—delete "the
Minister" and substitute:
the employing authority
(3) Section 53(7)(a)(ii)—delete "the
Minister" and substitute:
the employing authority
(4) Section 53(7)(b)(ii)—delete "the
Minister" and substitute:
the employing authority
41—Insertion of sections 101B and 101C
After section 101A insert:
101B—Other
staffing arrangements
(1) The
employing authority may appoint such other officers and employees (in addition
to the employees and officers of the Department and the teaching service) as
appear to the employing authority to be necessary for the proper administration
of this Act or the welfare of the students of any school.
(2) The
employing authority is, in acting under this section, subject to direction by
the Minister.
(3) However,
no Ministerial direction may be given by the Minister relating to the
appointment, transfer, remuneration, discipline or termination of a particular
person.
(4) In
addition, if the Director-General is not the employing authority, the employing
authority must, in acting under this section, consult with the
Director-General.
101C—Employing
authority—related matters
(1) The
employing authority may delegate a power or function under this Act.
(2) A delegation under subsection (1)—
(a) must
be by instrument in writing; and
(b) may
be made to a body or person (including a person for the time being holding or
acting in a specified office or position); and
(c) may
be unconditional or subject to conditions; and
(d) does
not derogate from the power of the employing authority to act personally in any
matter; and
(e) may
be revoked at any time by the employing authority.
(3) A
power or function delegated under subsection (1) may, if the instrument of
delegation so provides, be further delegated.
(4) A
change in the person who constitutes the employing authority under this Act
will not affect the continuity of employment or appointment of a person under
this Act.
Part 10—Amendment of Electricity Act 1996
42—Amendment of section 4—Interpretation
(1) Section 4(1)—after the definition of electricity
supply industry insert:
employing authority means the person designated by proclamation as being the
employing authority for the purposes of this definition;
(2) Section 4—after subsection (2) insert:
(3) A proclamation made for the purposes of the
definition of employing authority—
(a) may
apply by reference to a specified person, or by reference to the person for the
time being holding or acting in a specified office or position; and
(b) may,
from time to time as the Governor thinks fit, be varied or substituted by a new
proclamation.
43—Amendment of section 6F—Common seal and execution of documents
Section 6F(2)—delete "or employee of
the Planning Council" and substitute:
or a person employed under section 6L or 6LA
Section 6L—delete the section and
substitute:
6L—Chief
executive
(1) The
employing authority may employ a chief executive of the Planning Council on
terms and conditions determined by the employing authority.
(2) However,
a person may not be employed as chief executive of the Planning Council, and
may not be removed from that office, except with the approval of the Minister.
6LA—Staffing
arrangements
(1) The
employing authority may employ other persons to perform functions in connection
with the operations or activities of the Planning Council.
(2) The
terms and conditions of employment of a person under subsection (1) will
be determined by the employing authority.
(3) A
person employed under this section will be taken to be employed by or on behalf
of the Crown (but will not be employed in the Public Service of the State
unless brought into an administrative unit under the Public Sector
Management Act 1995).
(4) The
employing authority may direct a person employed under this section to perform
functions in connection with the operations or activities of a public sector
agency specified by the employing authority (and the person must comply with
that direction).
(5) The
employing authority is, in acting under this section, subject to direction by
the Minister.
(6) However,
no Ministerial direction may be given by the Minister relating to the
appointment, transfer, remuneration, discipline or termination of a particular
person.
(7) The
employing authority may delegate a power or function under this section.
(8) A delegation under subsection (7)—
(a) must
be by instrument in writing; and
(b) may
be made to a body or person (including a person for the time being holding or
acting in a specified office or position); and
(c) may
be unconditional or subject to conditions; and
(d) may,
if the instrument of delegation so provides, allow for the further delegation
of a power or function that has been delegated; and
(e) does
not derogate from the power of the employing authority to act personally in any
matter; and
(f) may
be revoked at any time by the employing authority.
(9) A
change in the person who constitutes the employing authority under this Act
will not affect the continuity of employment of a person under this section.
(10) The
Planning Council must, at the direction of the Minister, the Treasurer or the employing
authority, make payments with respect to any matter arising in connection with
the employment of a person under this Division (including, but not limited to,
payments with respect to salary or other aspects of remuneration, leave
entitlements, superannuation contributions, taxation liabilities, workers
compensation payments, termination payments, public liability insurance and
vicarious liabilities).
(11) The
Planning Council does not have the power to employ any person.
(12) The
Planning Council may, under an arrangement established by the Minister
administering an administrative unit, make use of the services or staff of that
administrative unit.
(13) In
this section—
public sector agency has the same meaning as in the Public Sector Management
Act 1995.
Part 11—Amendment of Fair Work Act 1994
45—Amendment of section 44—Protection for officers
Section 44—after "or the
Commission" insert:
(including on a referral to the Commission under another Act)
Part 12—Amendment of Fire and Emergency Services
Act 2005
46—Amendment of section 17—Staff
(1) Section 17(a)—delete "the
Commission on terms and conditions determined by the Commission" and
substitute:
the Chief Executive of the Commission on terms and conditions
determined by the Chief Executive
(2) Section 17(a)—after "Commissioner
for Public Employment" insert:
(on the basis that the Chief Executive (and any successor) is the
employer)
(3) Section 17—after its present contents
as amended by this section (now to be designated as subsection (1))
insert:
(2) The
Commission is responsible for any costs or expenses associated with the
employment of a person under subsection (1)(a).
47—Amendment of section 28—Deputy Chief Officer and Assistant Chief Officers
Section 28(1)—after "Assistant
Chief Officers" insert:
(on the basis that the Chief Officer (and any successor) is the
employer)
48—Amendment of section 29—Other officers and firefighters
Section 29(5)—before "subject
to" insert:
on the basis that the Chief Officer (and any successor) is the
employer and
49—Amendment of section 30—Employees
Section 30(1)—after "SAMFS"
insert:
(on the basis that the Chief Officer (and any successor) is the
employer)
50—Amendment of section 31—Staff
Section 31—after subsection (3)
insert:
(4) SAMFS
is responsible for any costs or expenses associated with the employment of a
member of the staff of SAMFS.
51—Amendment of section 61—Deputy Chief Officer and Assistant Chief Officers
Section 61(1)—after "Assistant
Chief Officers" insert:
(on the basis that the Chief Officer (and any successor) is the
employer)
52—Amendment of section 62—Other officers
Section 62(1)—after "to
appoint" insert:
(on the basis that the Chief Officer (and any successor) is the
employer)
53—Amendment of section 63—Employees
Section 63(1)—after "SACFS"
insert:
(on the basis that the Chief Officer (and any successor) is the
employer)
54—Amendment of section 64—Staff
Section 64—after subsection (3)
insert:
(4) SACFS
is responsible for any costs or expenses associated with the employment of a
member of the staff of SACFS.
55—Amendment of section 110—Deputy Chief Officer and Assistant Chief Officers
Section 110(1)—after "Assistant
Chief Officers" insert:
(on the basis that the Chief Officer (and any successor) is the
employer)
56—Amendment of section 111—Other officers
Section 111(1)—after "to
appoint" insert:
(on the basis that the Chief Officer (and any successor) is the
employer)
57—Amendment of section 112—Employees
Section 112(1)—after
"SASES" insert:
(on the basis that the Chief Officer (and any successor) is the
employer)
58—Amendment of section 113—Staff
Section 113—after subsection (3)
insert:
(4) SASES
is responsible for any costs or expenses associated with the employment of a
member of the staff of SASES.
Part 13—Amendment of History Trust of South Australia
Act 1981
59—Amendment of section 4—Interpretation
(1) Section 4—before the definition of member
insert:
employing authority means the person designated by proclamation as being the
employing authority for the purposes of this definition;
(2) Section 4—after its present contents as
amended by this section (now to be designated as subsection (1)) insert:
(2) A proclamation made for the purposes of the
definition of employing authority—
(a) may
apply by reference to a specified person, or by reference to the person for the
time being holding or acting in a specified office or position; and
(b) may,
from time to time as the Governor thinks fit, be varied or substituted by a new
proclamation.
Section 16—delete the section and
substitute:
16—Staffing
arrangements
(1) The
employing authority may employ staff to perform activities in connection with
the operations or activities of the Trust.
(2) The
terms and conditions of employment of a person under subsection (1) will
be determined by the employing authority.
(3) A
person employed under this section will be taken to be employed by or on behalf
of the Crown (but will not be employed in the Public Service of the State
unless brought into an administrative unit under the Public Sector
Management Act 1995).
(4) The
employing authority may direct a person employed under this section to perform
functions in connection with the operations or activities of a public sector
agency specified by the employing authority (and the person must comply with
that direction).
(5) The
employing authority is, in acting under this section, subject to direction by
the Minister.
(6) However,
no Ministerial direction may be given by the Minister relating to the
appointment, transfer, remuneration, discipline or termination of a particular
person.
(7) The
employing authority may delegate a power or function under this section.
(8) A delegation under subsection (7)—
(a) must
be by instrument in writing; and
(b) may
be made to a body or person (including a person for the time being holding or
acting in a specified office or position); and
(c) may
be unconditional or subject to conditions; and
(d) may,
if the instrument of delegation so provides, allow for the further delegation
of a power or function that has been delegated; and
(e) does
not derogate from the power of the employing authority to act personally in any
matter; and
(f) may
be revoked at any time by the employing authority.
(9) A
change in the person who constitutes the employing authority under this Act
will not affect the continuity of employment of a person under this section.
(10) The
Trust must, at the direction of the Minister, the Treasurer or the employing
authority, make payments with respect to any matter arising in connection with
the employment of a person under this section (including, but not limited to,
payments with respect to salary or other aspects of remuneration, leave
entitlements, superannuation contributions, taxation liabilities, workers
compensation payments, termination payments, public liability insurance and
vicarious liabilities).
(11) The
Trust does not have the power to employ any person.
(12) The
Trust may, under an arrangement established by the Minister administering an
administrative unit, make use of the services or staff of that administrative
unit.
(13) In
this section—
public sector agency has the same meaning as in the Public Sector Management
Act 1995.
Part 14—Amendment of Institute of Medical and Veterinary
Science Act 1982
61—Amendment of section 3—Interpretation
(1) Section 3—after the definition of the
Director insert:
employing authority means—
(a) unless
paragraph (b) applies—the Chief Executive of the Department; or
(b) if
the Governor thinks fit, a person, or a person holding or acting in an office
or position, designated by proclamation made for the purposes of this
definition;
(2) Section 3—after its present contents as amended
by this section (now to be designated as subsection (1)) insert:
(2) The
Governor may, from time to time as the Governor thinks fit, vary or revoke a
proclamation made for the purposes of the definition of employing
authority, or make a new proclamation for the purposes of that
definition.
62—Amendment of section 14—Functions and powers of Institute
Section 14(2)(b)(i)—delete "an
officer or employee of the Institute" and substitute:
a person employed under this Act
63—Amendment of section 16—Director of Institute
Section 16(2), (3) and (4)—delete
subsections (2), (3) and (4) and substitute:
(2) The
Director will be appointed by the employing authority after consultation with
the Institute on terms and conditions fixed by the Minister and approved by the
Commissioner for Public Employment.
(3) In
addition, a person may not be appointed to the office of Director, and may not
be removed from that office, except with the approval of the Minister.
Section 17—delete the section and
substitute:
17—Staff of
Institute
(1) The
employing authority may employ other staff for the purposes of this Act.
(2) The
terms and conditions of employment of a person will be determined by the
employing authority after complying with any recommendation of the Commissioner
for Public Employment.
(3) A
person employed under this section will be taken to be employed by or on behalf
of the Crown but, subject to subsection (4), the Public Sector
Management Act 1995 will not apply to the person.
(4) The
Governor may, by regulation, declare that specified provisions of the Public
Sector Management Act 1995 will apply, with such modifications as may
be prescribed, in relation to any person or class of persons employed under
this section.
(5) The
employing authority may direct a person employed under this section to perform
functions in connection with the operations of a public sector agency specified
by the employing authority (and the person must comply with that direction).
(6) The
employing authority is, in acting under this section, subject to direction by
the Minister.
(7) However,
no Ministerial direction may be given by the Minister relating to the
appointment, transfer, remuneration, discipline or termination of a particular
person.
(8) The
employing authority may delegate a power or function under this section.
(9) A delegation under subsection (8)—
(a) must
be by instrument in writing; and
(b) may
be made to a body or person (including a person for the time being holding or
acting in a specified office or position); and
(c) may
be unconditional or subject to conditions; and
(d) may,
if the instrument of delegation so provides, allow for the further delegation
of a power or function that has been delegated; and
(e) does
not derogate from the power of the employing authority to act personally in any
matter; and
(f) may
be revoked at any time by the employing authority.
(10) A
change in the person who constitutes the employing authority under this Act
will not affect the continuity of employment of a person under this section.
(11) The
Institute must, at the direction of the Minister, the Treasurer or the
employing authority, make payments with respect to any matter arising in
connection with the employment of a person under this Act (including, but not
limited to, payments with respect to salary or other aspects of remuneration,
leave entitlements, superannuation contributions, taxation liabilities, workers
compensation payments, termination payments, public liability insurance and
vicarious liabilities).
(12) The
Institute does not have the power to employ any person.
(13) The
Institute may, under an arrangement established by a Minister administering an
administrative unit, make use of the services or staff of that administrative
unit.
(14) In
this section—
public sector agency has the same meaning as in the Public Sector Management
Act 1995.
65—Amendment of section 18—Superannuation, accrued leave rights etc
(1) Section 18(1)—delete subsection (1) and
substitute:
(1) The
employing authority may enter into arrangements contemplated by section 5
of the Superannuation Act 1988.
(1a) Any
person employed under this Act who was, immediately before entering into that
employment, a contributor under the Superannuation Act 1988 may,
subject to that Act, remain a contributor.
(2) Section 18(2)—delete "becomes an
officer or employee of the Institute" and substitute:
commences employment under this Act
(3) Section 18(2)—delete "with the
Institute" and substitute:
under this Act
(4) Section 18(2)(b), (c) and (d)—delete
paragraphs (b), (c) and (d) and substitute:
(b) under
the South Australian Health Commission Act 1976,
(5) Section 18(2)(e)—delete "by the
Institute" and substitute:
under this Act
(6) Section 18(3)—delete "becomes an
officer or employee of the Institute" and substitute:
commences employment under this Act
(7) Section 18(3)(b), (c) and (d)—delete
paragraphs (b), (c) and (d) and substitute:
(b) under
the South Australian Health Commission Act 1976; or
(8) Section 18(3)—delete "directed by the
Institute and subject to such conditions as may be imposed by the Institute, as
if that previous employment had been employment by the Institute" and
substitute:
directed by the employing authority and subject to such conditions
as may be determined by the employing authority, as if that previous employment
had been employment under this Act
66—Amendment of section 21—Accounts, audit etc
Section 21(3)—delete "the officers
and employees of the Institute" and substitute:
the persons employed under this Act
Section 27—delete the section
68—Amendment of section 28—Recognised organisations
(1) Section 28(2)—delete "Where the
Minister" and substitute:
Where the employing authority
(2) Section 28(2)—delete "officers or
employees of the Institute, the Minister" and substitute:
persons employed under this Act, the employing authority
(3) Section 28(3)—delete "the
Minister" and substitute:
the employing authority
Section 29—delete the section
70—Amendment of section 30—Duty to maintain confidentiality
Section 30(1)—delete "an officer or
employee of the Institute" and substitute:
a person employed under this Act
Part 15—Amendment of Natural Resources Management
Act 2004
71—Amendment of section 3—Interpretation
(1) Section 3(1)—after the definition of effluent
insert:
employing authority means—
(a) unless
paragraph (b) applies—the Chief Executive of the Department;
(b) if
the Governor thinks fit, a person, or a person holding or acting in an office
or position, designated by proclamation made for the purposes of this
definition;
(2) Section 3—after subsection (11)
insert:
(12) The
Governor may, from time to time as the Governor thinks fit, vary or revoke a
proclamation made for the purposes of the definition of employing
authority, or make a new proclamation for the purposes of that
definition.
72—Amendment of section 34—Staff
Section 34(3) and (4)—delete
subsections (3) and (4) and substitute:
(3) The
employing authority may, after consultation with a regional NRM board, employ a
person to perform functions in connection with the operations or activities of
the board.
(4) The
terms and conditions of employment of a person under subsection (3) will
be determined by the employing authority after consultation with the board and
after obtaining the approval of the Commissioner for Public Employment.
(5) A
person employed under subsection (3) will be taken to be employed by or on
behalf of the Crown (but will not be employed in the Public Service of the
State unless brought into an administrative unit under the Public Sector
Management Act 1995).
(6) The
employing authority may direct a person employed under subsection (3) to
perform functions in connection with the operations of a public sector agency
specified by the employing authority (and the person must comply with that
direction).
(7) The
employing authority is, in acting under this section, subject to direction by
the Minister.
(8) However,
no Ministerial direction may be given by the Minister relating to the
appointment, transfer, remuneration, discipline or termination of a particular
person.
(9) The
employing authority may delegate a power or function under this section.
(10) A delegation under subsection (9)—
(a) must
be by instrument in writing; and
(b) may
be made to a body or person (including a person for the time being holding or
acting in a specified office or position); and
(c) may
be unconditional or subject to conditions; and
(d) may,
if the instrument of delegation so provides, allow for the further delegation
of a power or function that has been delegated; and
(e) does
not derogate from the power of the employing authority to act personally in any
matter; and
(f) may
be revoked at any time by the employing authority.
(11) A
change in the person who constitutes the employing authority under this Act
will not affect the continuity of employment of a person under this section.
(12) A
regional NRM board must, at the direction of the Minister, the Treasurer or the
employing authority, make payments with respect to any matter arising in
connection with the employment of a person under this section (including, but
not limited to, payments with respect to salary or other aspects of
remuneration, leave entitlements, superannuation contributions, taxation
liabilities, workers compensation payments, termination payments, public
liability insurance and vicarious liabilities).
(13) A
regional NRM board does not have the power to employ any person.
(14) In
this section—
public sector agency has the same meaning as in the Public Sector Management
Act 1995.
Part 16—Amendment of Public Sector Management
Act 1995
73—Amendment of Schedule 1—Persons excluded from Public Service
(1) Schedule 1, clause 1(1)(i)—delete "the
Minister" and substitute:
the employing authority
(2) Schedule 1, clause 1(1)(j)—delete "the
Minister" and substitute:
the employing authority
Part 17—Amendment of Senior Secondary Assessment Board
of South Australia Act 1983
74—Amendment of section 4—Interpretation
(1) Section 4—after the definition of Chief
Executive Officer insert:
employing authority means the person designated by proclamation as being the
employing authority for the purposes of this definition;
(2) Section 4—after its present contents as
amended by this section (now to be designated as subsection (1)) insert:
(2) A proclamation made for the purposes of the
definition of employing authority—
(a) may
apply by reference to a specified person, or by reference to the person for the
time being holding or acting in a specified office or position; and
(b) may,
from time to time as the Governor thinks fit, be varied or substituted by a new
proclamation.
75—Amendment of section 9A—Chief Executive Officer
Section 9A(3) and (4)—delete
subsections (3) and (4) and substitute:
(3) The
Chief Executive Officer is to be appointed by the employing authority on terms
and conditions determined by the employing authority.
(4) However, a person may not be employed as
Chief Executive Officer, and may not be removed from that office, unless or
until the employing authority—
(a) has
consulted with the Board; and
(b) has
obtained the approval of the Minister.
76—Amendment of section 12—Delegation
Section 12(1)(a)—delete paragraph (a) and
substitute:
(a) to
a member of the Board, a person employed under this Act, or a person appointed
by the Board to assess students; or
Section 18—delete the section and
substitute:
18—Staffing
arrangements
(1) The
employing authority may employ staff to perform activities in connection with
the operations or activities of the Board.
(2) The
terms and conditions of employment of a person under subsection (1) will
be determined by the employing authority.
(3) A
person employed under this section will be taken to be employed by or on behalf
of the Crown (but will not be employed in the Public Service of the State
unless brought into an administrative unit under the Public Sector
Management Act 1995).
(4) The
employing authority may direct a person employed under this section to perform
functions in connection with the operations or activities of a public sector
agency specified by the employing authority (and the person must comply with
that direction).
(5) The
employing authority is, in acting under this section, subject to direction by
the Minister.
(6) However,
no Ministerial direction may be given by the Minister relating to the
appointment, transfer, remuneration, discipline or termination of a particular
person.
(7) The
employing authority may delegate a power or function under this section.
(8) A delegation under subsection (7)—
(a) must
be by instrument in writing; and
(b) may
be made to a body or person (including a person for the time being holding or
acting in a specified office or position); and
(c) may
be unconditional or subject to conditions; and
(d) may,
if the instrument of delegation so provides, allow for the further delegation
of a power or function that has been delegated; and
(e) does
not derogate from the power of the employing authority to act personally in any
matter; and
(f) may
be revoked at any time by the employing authority.
(9) A
change in the person who constitutes the employing authority under this Act
will not affect the continuity of employment of a person under this section.
(10) The
Board must, at the direction of the Minister, the Treasurer or the employing
authority, make payments with respect to any matter arising in connection with
the employment of a person under this Act (including, but not limited to,
payments with respect to salary or other aspects of remuneration, leave
entitlements, superannuation contributions, taxation liabilities, workers
compensation payments, termination payments, public liability insurance and
vicarious liabilities).
(11) The
Board does not have the power to employ any person.
(12) The
Board may, under an arrangement established by the Minister administering an
administrative unit, make use of the services or staff of that administrative
unit.
(13) In
this section—
public sector agency has the same meaning as in the Public Sector Management
Act 1995.
Part 18—Amendment of South Australian Country Arts Trust
Act 1992
78—Amendment of section 3—Interpretation
(1) Section 3—after the definition of Country
Arts Board insert:
employing authority means the person designated by proclamation as being the
employing authority for the purposes of this definition;
(2) Section 3—after its present contents as
amended by this section (now to be designated as subsection (1)) insert:
(2) A proclamation made for the purposes of the
definition of employing authority—
(a) may
apply by reference to a specified person, or by reference to the person for the
time being holding or acting in a specified office or position; and
(b) may,
from time to time as the Governor thinks fit, be varied or substituted by a new
proclamation.
Section 13—delete the section and
substitute:
13—Staffing
arrangements
(1) The
employing authority may employ staff to perform functions in connection with
the operations or activities of the Trust.
(2) The
terms and conditions of employment of a person under subsection (1) will
be determined by the employing authority.
(3) A
person employed under this section will be taken to be employed by or on behalf
of the Crown (but will not be employed in the Public Service of the State
unless brought into an administrative unit under the Public Sector
Management Act 1995).
(4) The
employing authority may direct a person employed under this section to perform
functions in connection with the operations or activities of a public sector
agency specified by the employing authority (and the person must comply with
that direction).
(5) The
employing authority is, in acting under this section, subject to direction by
the Minister.
(6) However,
no Ministerial direction may be given by the Minister relating to the
appointment, transfer, remuneration, discipline or termination of a particular
person.
(7) The
employing authority may delegate a power or function under this section.
(8) A delegation under subsection (7)—
(a) must
be by instrument in writing; and
(b) may
be made to a body or person (including a person for the time being holding or
acting in a specified office or position); and
(c) may
be unconditional or subject to conditions; and
(d) may,
if the instrument of delegation so provides, allow for the further delegation
of a power or function that has been delegated; and
(e) does
not derogate from the power of the employing authority to act personally in any
matter; and
(f) may
be revoked at any time by the employing authority.
(9) A
change in the person who constitutes the employing authority under this Act
will not affect the continuity of employment of a person under this section.
(10) The
Trust must, at the direction of the Minister, the Treasurer or the employing
authority, make payments with respect to any matter arising in connection with
the employment of a person under this section (including, but not limited to,
payments with respect to salary or other aspects of remuneration, leave
entitlements, superannuation contributions, taxation liabilities, workers
compensation payments, termination payments, public liability insurance and
vicarious liabilities).
(11) The
Trust does not have the power to employ any person.
(12) The
Trust may, under an arrangement established by the Minister administering an
administrative unit, make use of the services or staff of that administrative
unit.
(13) In
this section—
public sector agency has the same meaning as in the Public Sector Management
Act 1995.
Part 19—Amendment of South Australian Film Corporation
Act 1972
80—Amendment of section 4—Interpretation
(1) Section 4—after the definition of council
insert:
employing authority means the person designated by proclamation as being the
employing authority for the purposes of this definition;
(2) Section 4—after its present contents as
amended by this section (now to be designated as subsection (1)) insert:
(2) A proclamation made for the purposes of the
definition of employing authority—
(a) may
apply by reference to a specified person, or by reference to the person for the
time being holding or acting in a specified office or position; and
(b) may,
from time to time as the Governor thinks fit, be varied or substituted by a new
proclamation.
Section 9—delete the section and
substitute:
9—Appointment
of Chief Executive Officer
(1) The
Chief Executive Officer of the Corporation is to be appointed by the employing
authority on terms and conditions determined by the employing authority.
(2) However, a person may not be employed as
Chief Executive Officer, and may not be removed from office, unless or until
the employing authority—
(a) has
consulted with the Corporation; and
(b) has
obtained the approval of the Minister.
(3) The
Chief Executive Officer is, subject to the control of the Corporation,
responsible for the management of the operations of the Corporation.
9A—Staffing
arrangements
(1) The
employing authority may employ other staff to perform functions in connection
with the operations or activities of the Corporation.
(2) The
terms and conditions of employment of a person under subsection (1) will
be determined by the employing authority.
(3) A
person employed under this section will be taken to be employed by or on behalf
of the Crown (but will not be employed in the Public Service of the State
unless brought into an administrative unit under the Public Sector
Management Act 1995).
(4) The
employing authority may direct a person employed under this section to perform
functions in connection with the operations or activities of a public sector
agency specified by the employing authority (and the person must comply with
that direction).
(5) The
employing authority is, in acting under this section, subject to direction by
the Minister.
(6) However,
no Ministerial direction may be given by the Minister relating to the
appointment, transfer, remuneration, discipline or termination of a particular
person.
(7) The
employing authority may delegate a power or function under this section.
(8) A delegation under subsection (7)—
(a) must
be by instrument in writing; and
(b) may
be made to a body or person (including a person for the time being holding or
acting in a specified office or position); and
(c) may
be unconditional or subject to conditions; and
(d) may,
if the instrument of delegation so provides, allow for the further delegation
of a power or function that has been delegated; and
(e) does
not derogate from the power of the employing authority to act personally in any
matter; and
(f) may
be revoked at any time by the employing authority.
(9) A
change in the person who constitutes the employing authority under this Act
will not affect the continuity of employment of a person under this section.
(10) The
Corporation must, at the direction of the Minister, the Treasurer or the
employing authority, make payments with respect to any matter arising in
connection with the employment of a person under this Act (including, but not
limited to, payments with respect to salary or other aspects of remuneration,
leave entitlements, superannuation contributions, taxation liabilities, workers
compensation payments, termination payments, public liability insurance and
vicarious liabilities).
(11) The
Corporation does not have the power to employ any person.
(12) The
Corporation may, under an arrangement established by the Minister administering
an administrative unit, make use of the services or staff of that
administrative unit.
(13) In
this section—
public sector agency has the same meaning as in the Public Sector Management
Act 1995.
82—Amendment of section 12—Power of Corporation to delegate powers
Section 12(1)—delete "or employee of
the Corporation" and substitute:
of the Corporation or a person employed under this Act
Section 26—delete the section and
substitute:
26—Superannuation
The employing authority may enter into arrangements contemplated
by section 5 of the Superannuation Act 1988.
84—Amendment of section 33—Regulations
Section 33(2)(c)—delete "of the
Corporation" and substitute:
under this Act
Part 20—Amendment of South Australian Health Commission
Act 1976
85—Amendment of section 6—Interpretation
(1) Section 6—after the definition of Department
insert:
employing authority means—
(a) unless
paragraph (b) applies—the Chief Executive of the Department; or
(b) if
the Governor thinks fit, another person, or a person holding or acting in
another office or position, designated by proclamation made for the purposes of
this definition;
(2) Section 6—after its present contents as
amended by this section (now to be designated as subsection (1)) insert:
(2) The
Governor may, from time to time as the Governor thinks fit, vary or revoke a
proclamation made for the purposes of the definition of employing
authority, or make a new proclamation for the purposes of that
definition.
86—Amendment of section 19—Staff and facilities
Section 19(1) and (2)—delete subsections
(1) and (2) and substitute:
(1) The
Commission does not have the power to employ any person.
Section 30—delete the section and
substitute:
30—Staff
(1) The
employing authority may employ persons to perform functions in connection with
the operations or activities of an incorporated hospital.
(2) The
terms and conditions of employment of a person under subsection (1) will
be fixed by the employing authority and approved by the Commissioner for Public
Employment.
(3) A
person employed under this section will be taken to be employed by or on behalf
of the Crown (but will not be employed in the Public Service of the State
unless brought into an administrative unit under the Public Sector
Management Act 1995).
(4) The
employing authority may direct a person employed under this section to perform
functions in connection with the operations or activities of another
incorporated hospital, an incorporated health centre, or any other public
sector agency, specified by the employing authority (and the person must comply
with that direction).
(5) The
employing authority is, in acting under this section, subject to direction by
the Minister.
(6) However,
no Ministerial direction may be given by the Minister relating to the
appointment, transfer, remuneration, discipline or termination of a particular
person.
(7) The
employing authority may delegate a power or function under this section.
(8) A delegation under subsection (7)—
(a) must
be by instrument in writing; and
(b) may
be made to a body or person (including a person for the time being holding or
acting in a specified office or position); and
(c) may
be unconditional or subject to conditions; and
(d) may,
if the instrument of delegation so provides, allow for the further delegation
of a power or function that has been delegated; and
(e) does
not derogate from the power of the employing authority to act personally in any
matter; and
(f) may
be revoked at any time by the employing authority.
(9) A
change in the person who constitutes the employing authority under this Act
will not affect the continuity of employment of a person under this section.
(10) An
incorporated hospital must, at the direction of the Minister, the Treasurer or
the employing authority, make payments with respect to any matter arising in
connection with the employment of a person under this section (including, but
not limited to, payments with respect to salary or other aspects of
remuneration, leave entitlements, superannuation contributions, taxation
liabilities, workers compensation payments, termination payments, public
liability insurance and vicarious liabilities).
(11) An
incorporated hospital does not have the power to employ any person.
(12) An
incorporated hospital may, under an arrangement established by the Minister
administering an administrative unit, make use of the services or staff of that
administrative unit.
(13) On
the incorporation of a hospital under this Part, any Public Service employees
who had, before the date of incorporation, been assigned by the Chief Executive
of the Department to work in the hospital and have been designated by the Chief
Executive as employees to whom this subsection applies will become persons
employed by the employing authority under this section on terms and conditions
fixed by the Chief Executive (without reduction of salary or status).
(14) In
this section—
public sector agency has the same meaning as in the Public Sector Management
Act 1995.
88—Amendment of section 31—Superannuation, accrued leave rights, etc
(1) Section 31—before subsection (2) insert:
(1) The
employing authority may enter into arrangements contemplated by section 5
of the Superannuation Act 1988 with respect to a person employed at
an incorporated hospital.
(2) Section 31(2)—delete "becomes an
officer or employee of an incorporated hospital" and substitute:
commences employment by the employing authority at an incorporated
hospital
(3) Section 31(2)(b), (c) and (d)—delete
paragraphs (b), (c) and (d) and substitute:
(b) by
the employing authority at another incorporated hospital; or
(c) by
the employing authority at an incorporated health centre,
(4) Section 31(2)—delete "with the
incorporated hospital" and substitute:
at the incorporated hospital
(5) Section 31(2)(e)—delete "by the
incorporated hospital" and substitute:
by the employing authority at the incorporated hospital
(6) Section 31(3)—delete "becomes an
officer or employee of an incorporated hospital" and substitute:
commences employment by the employing authority at an incorporated
hospital
(7) Section 31(3)(b), (c) and (d)—delete
paragraphs (b), (c) and (d) and substitute:
(b) by
the employing authority at another incorporated hospital; or
(c) by
the employing authority at an incorporated health centre; or
(8) Section 31(3)—delete "directed by the
board of the hospital and subject to such conditions as may be imposed by that
board, as if that previous employment had been employment by the hospital"
and substitute:
directed by the employing authority and subject to such conditions
as may be determined by the employing authority, as if that previous employment
had been employment by the employing authority at the hospital
Section 51—delete the section and
substitute:
51—Staff
(1) The
employing authority may employ persons to perform functions in connection with
the operations or activities of an incorporated health centre.
(2) The
terms and conditions of employment of a person under subsection (1) will
be fixed by the employing authority and approved by the Commissioner for Public
Employment.
(3) A
person employed under this section will be taken to be employed by or on behalf
of the Crown (but will not be employed in the Public Service of the State
unless brought into an administrative unit under the Public Sector
Management Act 1995).
(4) The
employing authority may direct a person employed under this section to perform
functions in connection with the operations or activities of another
incorporated health centre, an incorporated hospital, or any other public
sector agency, specified by the employing authority (and the person must comply
with that direction).
(5) The
employing authority is, in acting under this section, subject to direction by
the Minister.
(6) However,
no Ministerial direction may be given by the Minister relating to the
appointment, transfer, remuneration, discipline or termination of a particular
person.
(7) The
employing authority may delegate a power or function under this section.
(8) A delegation under subsection (7)—
(a) must
be by instrument in writing; and
(b) may
be made to a body or person (including a person for the time being holding or
acting in a specified office or position); and
(c) may
be unconditional or subject to conditions; and
(d) may,
if the instrument of delegation so provides, allow for the further delegation
of a power or function that has been delegated; and
(e) does
not derogate from the power of the employing authority to act personally in any
matter; and
(f) may
be revoked at any time by the employing authority.
(9) A
change in the person who constitutes the employing authority under this Act
will not affect the continuity of employment of a person under this section.
(10) An
incorporated health centre must, at the direction of the Minister, the
Treasurer or the employing authority, make payments with respect to any matter
arising in connection with the employment of a person under this section
(including, but not limited to, payments with respect to salary or other aspects
of remuneration, leave entitlements, superannuation contributions, taxation
liabilities, workers compensation payments, termination payments, public
liability insurance and vicarious liabilities).
(11) An
incorporated health centre does not have the power to employ any person.
(12) An
incorporated health centre may, under an arrangement established by the
Minister administering an administrative unit, make use of the services or
staff of that administrative unit.
(13) In
this section—
public sector agency has the same meaning as in the Public Sector Management
Act 1995.
90—Amendment of section 52—Superannuation, accrued leave rights, etc
(1) Section 52—before subsection (2) insert:
(1) The
employing authority may enter into arrangements contemplated by section 5
of the Superannuation Act 1988 with respect to a person employed at
an incorporated health centre.
(2) Section 52(2)—delete "becomes an
officer or employee of an incorporated health centre" and substitute:
commences employment by the employing authority at an incorporated
health centre
(3) Section 52(2)(b), (c) and (d)—delete
paragraphs (b), (c) and (d) and substitute:
(b) by
the employing authority at an incorporated hospital; or
(c) by
the employing authority at another incorporated health centre,
(4) Section 52(2)—delete "with the
incorporated health centre" and substitute:
at the incorporated health centre
(5) Section 52(2)(e)—delete "by the
incorporated health centre" and substitute:
by the employing authority at the incorporated health centre
(6) Section 52(3)—delete "becomes an
officer or employee of an incorporated health centre" and substitute:
commences employment at an incorporated health centre
(7) Section 52(3)(b), (c) and (d)—delete
paragraphs (b), (c) and (d) and substitute:
(b) by
the employing authority at an incorporated hospital; or
(c) by
the employing authority at another incorporated health centre; or
(8) Section 52(3)—delete "directed by the
board of the health centre and subject to such conditions as may be imposed by
the board, as if that previous employment had been employment by the health
centre" and substitute:
directed by the employing authority and subject to such conditions
as may be determined by the employing authority, as if that previous employment
had been employment by the employing authority at the health centre
91—Amendment of section 59—Application of Public Sector Management Act to employees
Section 59(1)—delete subsection (1)
and substitute:
(1) The
Governor may, by proclamation, declare that specified provisions of the Public
Sector Management Act 1995 will apply, with such modifications as may
be specified in the proclamation, in relation to persons employed by the
employing authority at designated incorporated hospitals or designated
incorporated health centres, or any class of such persons.
Section 60—delete the section
93—Amendment of section 61—Recognised organisations
(1) Section 61(2)—delete "Where the
Minister" and substitute:
Where the employing authority
(2) Section 61(2)—delete "officers or
employees of incorporated hospitals or incorporated health centres, the
Minister" and substitute:
persons employed under this Act, the employing authority
(3) Section 61(3)—delete "the
Minister" and substitute:
the employing authority
94—Amendment of section 63A—Conflict of interest
Section 63A(3), definition of health
employee—delete "an officer or employee of" and substitute:
a person employed at
95—Amendment of section 64—Duty to maintain confidentiality
Section 64(1)—delete subsection (1) and
substitute:
(1) Subject to subsection (2), an officer or
employee of the Department, a person employed by the employing authority under
this Act, or a person working at an incorporated hospital or an incorporated
health centre under any other arrangement, must not divulge personal
information relating to a patient obtained in the course of employment or while
so working except to the extent that he or she may be authorised or required to
divulge that information—
(a) by
law; or
(b) by
the Department or the employing authority; or
(c) in the case of a person employed or working
at an incorporated hospital or an incorporated health centre—by the relevant
hospital or health centre.
Maximum penalty: $10 000.
Part 21—Amendment of South Australian Motor Sport
Act 1984
96—Amendment of section 3—Interpretation
(1) Section 3(1)—after the definition of declared
period insert:
employing authority means the person designated by proclamation as being the
employing authority for the purposes of this definition;
(2) Section 3—after subsection (3) insert:
(4) A proclamation made for the purposes of the
definition of employing authority—
(a) may
apply by reference to a specified person, or by reference to the person for the
time being holding or acting in a specified office or position; and
(b) may,
from time to time as the Governor thinks fit, be varied or substituted by a new
proclamation.
97—Substitution of Part 2 Division 3
Part 2 Division 3—delete Division 3 and
substitute:
Division 3—Chief
Executive and staff
13—Chief
Executive
(1) There
will be a Chief Executive of the Board.
(2) A person may be appointed to be Chief
Executive—
(a) subject
to and in accordance with the Public Sector Management Act 1995; or
(b) on
terms and conditions determined by the Governor,
as the Governor thinks fit.
(3) The
Chief Executive may hold office in conjunction with another office of the
Public Service of the State.
14—Staffing
arrangements
(1) The
employing authority may employ staff to perform functions in connection with
the operations or activities of the Board.
(2) The
terms and conditions of employment of a person under subsection (1) will
be determined by the employing authority.
(3) A
person employed under this section will be taken to be employed by or on behalf
of the Crown but, subject to subsection (4), the Public Sector
Management Act 1995 will not apply to such a person.
(4) The
Governor may, by regulation, declare that specified provisions of the Public
Sector Management Act 1995 will apply, with such modifications as may
be prescribed, in relation to persons employed under this section, or any class
of such persons.
(5) The
employing authority may direct a person employed under this section to perform
functions in connection with the operations or activities of a public sector
agency specified by the employing authority (and the person must comply with
that direction).
(6) The
employing authority is, in acting under this section, subject to direction by
the Minister and must not employ a person for the purposes of this Act except
under an approval of the Minister.
(7) However,
no Ministerial direction may be given by the Minister relating to the transfer,
remuneration, discipline or termination of a particular person.
(8) The
employing authority may delegate a power or function under this section.
(9) A delegation under subsection (8)—
(a) must
be by instrument in writing; and
(b) may
be made to a body or person (including a person for the time being holding or
acting in a specified office or position); and
(c) may
be unconditional or subject to conditions; and
(d) may,
if the instrument of delegation so provides, allow for the further delegation
of a power or function that has been delegated; and
(e) does
not derogate from the power of the employing authority to act personally in any
matter; and
(f) may
be revoked at any time by the employing authority.
(10) A
change in the person who constitutes the employing authority under this Act
will not affect the continuity of employment of a person under this section.
(11) The
Board must, at the direction of the Minister, the Treasurer or the employing
authority, make payments with respect to any matter arising in connection with
the employment of a person under this Act (including, but not limited to,
payments with respect to salary or other aspects of remuneration, leave entitlements,
superannuation contributions, taxation liabilities, workers compensation
payments, termination payments, public liability insurance and vicarious
liabilities).
(12) The
Board does not have the power to employ any person.
(13) The
Board may, under an arrangement established by the Minister administering an
administrative unit, make use of the services or staff of that administrative
unit.
(14) In
this section—
public sector agency has the same meaning as in the Public Sector Management
Act 1995.
Part 22—Amendment of South Australian Tourism Commission
Act 1993
98—Amendment of section 4—Interpretation
(1) Section 4—after the definition of director
insert:
employing authority means the person designated by proclamation as being the
employing authority for the purposes of this definition.
(2) Section 4—after its present contents as
amended by this section (now to be designated as subsection (1)) insert:
(2) A proclamation made for the purposes of the
definition of employing authority—
(a) may
apply by reference to a specified person, or by reference to the person for the
time being holding or acting in a specified office or position; and
(b) may,
from time to time as the Governor thinks fit, be varied or substituted by a new
proclamation.
99—Amendment of section 16—Common seal and execution of documents
Section 16(2)—delete "an employee of
the Commission" and substitute:
a person employed under this Act
100—Insertion of Part 2 Division 5
Part 2—after Division 4 insert:
Division 5—Staffing
arrangements
18A—Staffing
arrangements
(1) The
employing authority may employ staff to perform functions in connection with
the operations or activities of the Commission.
(2) The
terms and conditions of employment of a person under subsection (1) will
be determined by the employing authority.
(3) A
person employed under this section will be taken to be employed by or on behalf
of the Crown (but will not be employed in the Public Service of the State
unless brought into an administrative unit under the Public Sector
Management Act 1995).
(4) The
employing authority may direct a person employed under this section to perform
functions in connection with the operations or activities of a public sector
agency specified by the employing authority (and the person must comply with
that direction).
(5) The
employing authority is, in acting under this section, subject to direction by
the Minister.
(6) However,
no Ministerial direction may be given by the Minister relating to the
appointment, transfer, remuneration, discipline or termination of a particular
person.
(7) The
employing authority may delegate a power or function under this section.
(8) A delegation under subsection (7)—
(a) must
be by instrument in writing; and
(b) may
be made to a body or person (including a person for the time being holding or
acting in a specified office or position); and
(c) may
be unconditional or subject to conditions; and
(d) may,
if the instrument of delegation so provides, allow for the further delegation
of a power or function that has been delegated; and
(e) does
not derogate from the power of the employing authority to act personally in any
matter; and
(f) may
be revoked at any time by the employing authority.
(9) A
change in the person who constitutes the employing authority under this Act
will not affect the continuity of employment of a person under this section.
(10) The
Commission must, at the direction of the Minister, the Treasurer or the
employing authority, make payments with respect to any matter arising in
connection with the employment of a person under this section (including, but
not limited to, payments with respect to salary or other aspects of
remuneration, leave entitlements, superannuation contributions, taxation
liabilities, workers compensation payments, termination payments, public
liability insurance and vicarious liabilities).
(11) The
Commission does not have the power to employ any person.
(12) The
Commission may, under an arrangement established by the Minister administering
an administrative unit, make use of the services or staff of that
administrative unit.
(13) In
this section—
public sector agency has the same meaning as in the Public Sector Management
Act 1995.
101—Amendment of section 20—Powers of Commission
(1) Section
20(2)(b)—delete paragraph (b)
(2) Section
20(3)—delete subsection (3)
Part 23—Amendment of State Opera of South Australia
Act 1976
102—Amendment of section 4—Interpretation
(1) Section 4—after the definition of the
Board insert:
employing authority means the person designated by proclamation as being the
employing authority for the purposes of this definition;
(2) Section 4—after its present contents as
amended by this section (now to be designated as subsection (1)) insert:
(2) A proclamation made for the purposes of the
definition of employing authority—
(a) may
apply by reference to a specified person, or by reference to the person for the
time being holding or acting in a specified office or position; and
(b) may,
from time to time as the Governor thinks fit, be varied or substituted by a new
proclamation.
103—Amendment of section 7—Staff participation on Board
Section 7—delete "an employee of the
State Opera" and substitute:
a person employed under this Act
Section 20—delete the section
105—Amendment of heading to Part 3
Heading to Part 3—delete
"Employees" and substitute:
Staffing arrangements
106—Substitution of section 21
Section 21—delete the section and
substitute:
21—Staffing
arrangements
(1) The
employing authority may employ staff to perform functions in connection with
the operations or activities of the State Opera.
(2) The
terms and conditions of employment of a person under subsection (1) will
be determined by the employing authority.
(3) A
person employed under this section will be taken to be employed by or on behalf
of the Crown (but will not be employed in the Public Service of the State
unless brought into an administrative unit under the Public Sector
Management Act 1995).
(4) The
employing authority may direct a person employed under this section to perform
functions in connection with the operations or activities of a public sector
agency specified by the employing authority (and the person must comply with
that direction).
(5) The
employing authority is, in acting under this section, subject to direction by
the Minister.
(6) However,
no Ministerial direction may be given by the Minister relating to the
appointment, transfer, remuneration, discipline or termination of a particular
person.
(7) The
employing authority may delegate a power or function under this section.
(8) A delegation under subsection (7)—
(a) must
be by instrument in writing; and
(b) may
be made to a body or person (including a person for the time being holding or
acting in a specified office or position); and
(c) may
be unconditional or subject to conditions; and
(d) may,
if the instrument of delegation so provides, allow for the further delegation
of a power or function that has been delegated; and
(e) does
not derogate from the power of the employing authority to act personally in any
matter; and
(f) may
be revoked at any time by the employing authority.
(9) A
change in the person who constitutes the employing authority under this Act
will not affect the continuity of employment of a person under this section.
(10) The
State Opera must, at the direction of the Minister, the Treasurer or the
employing authority, make payments with respect to any matter arising in
connection with the employment of a person under this section (including, but
not limited to, payments with respect to salary or other aspects of
remuneration, leave entitlements, superannuation contributions, taxation liabilities,
workers compensation payments, termination payments, public liability insurance
and vicarious liabilities).
(11) The
State Opera does not have the power to employ any person.
(12) The
State Opera may, under an arrangement established by the Minister administering
an administrative unit, make use of the services or staff of that
administrative unit.
(13) In
this section—
public sector agency has the same meaning as in the Public Sector Management
Act 1995.
21A—Related
staffing issues
(1) The
employing authority may, with the approval of the Minister, determine that, for
the purposes of the accrual of, or a payment of a lump sum in lieu of the grant
of, long service leave or for the purposes of the accrual of leave on account
of illness, previous service of a person employed under this Act with an
employer other than the employing authority may be regarded, to the extent
approved by the Minister, as service with the employing authority.
(2) The
employing authority may enter into arrangements contemplated by section 5
of the Superannuation Act 1988.
107—Amendment of section 22—Secretary to the Board
Section 22(2)—delete "an employee of
the State Opera" and substitute:
a person employed under this Act
Part 24—Amendment of State Theatre Company of South
Australia Act 1972
108—Amendment of section 4—Interpretation
(1) Section 4—before the definition of financial
year insert:
employing authority means the person designated by proclamation as being the
employing authority for the purposes of this definition;
(2) Section 4—after its present contents as
amended by this section (now to be designated as subsection (1)) insert:
(2) A proclamation made for the purposes of the
definition of employing authority—
(a) may
apply by reference to a specified person, or by reference to the person for the
time being holding or acting in a specified office or position; and
(b) may,
from time to time as the Governor thinks fit, be varied or substituted by a new
proclamation.
109—Amendment of section 6—Board of Governors
(1) Section 6(2)(c)—delete paragraph (c) and
substitute:
(c) of
whom one will be a person employed under Part 3 elected, in accordance
with this Act, by those persons employed under that Part.
(2) Section 6(10)—delete subsection (10) and
substitute:
(10) A
governor elected under subsection (2)(c) will, subject to this Act, hold
that office until the next election of a governor by the relevant employees
under this Act.
(3) Section 6(11)—delete "by the employees
of the Company" wherever occurring and substitute in each case:
under subsection (2)(c)
110—Amendment of section 9—Casual vacancies
Section 9(f)—delete paragraph (f) and
substitute:
(f) being
a governor elected under section 6(2)(c), he or she ceases to be employed
under this Act;
111—Amendment of section 16—Declaration of interest
Section 16(2)—delete "of the
Company" and substitute:
under this Act
Section 19—delete the section
113—Amendment of heading to Part 3
Heading to Part 3—delete
"Employees" and substitute:
Staff
114—Substitution of sections 20 and 21
Sections 20 and 21—delete the sections and
substitute:
20—Staffing
arrangements
(1) The
employing authority may employ staff to perform functions in connection with
the operations or activities of the Company.
(2) The
terms and conditions of employment of a person under subsection (1) will
be determined by the employing authority.
(3) A
person employed under this section will be taken to be employed by or on behalf
of the Crown (but will not be employed in the Public Service of the State
unless brought into an administrative unit under the Public Sector
Management Act 1995).
(4) The
employing authority may direct a person employed under this section to perform
functions in connection with the operations or activities of a public sector
agency specified by the employing authority (and the person must comply with
that direction).
(5) The
employing authority is, in acting under this section, subject to direction by
the Minister.
(6) However,
no Ministerial direction may be given by the Minister relating to the
appointment, transfer, remuneration, discipline or termination of a particular
person.
(7) The
employing authority may delegate a power or function under this section.
(8) A delegation under subsection (7)—
(a) must
be by instrument in writing; and
(b) may
be made to a body or person (including a person for the time being holding or
acting in a specified office or position); and
(c) may
be unconditional or subject to conditions; and
(d) may,
if the instrument of delegation so provides, allow for the further delegation
of a power or function that has been delegated; and
(e) does
not derogate from the power of the employing authority to act personally in any
matter; and
(f) may
be revoked at any time by the employing authority.
(9) A
change in the person who constitutes the employing authority under this Act
will not affect the continuity of employment of a person under this section.
(10) The
Company must, at the direction of the Minister, the Treasurer or the employing authority,
make payments with respect to any matter arising in connection with the
employment of a person under this section (including, but not limited to,
payments with respect to salary or other aspects of remuneration, leave
entitlements, superannuation contributions, taxation liabilities, workers
compensation payments, termination payments, public liability insurance and
vicarious liabilities).
(11) The
Company does not have the power to employ any person.
(12) The
Company may, under an arrangement established by the Minister administering an
administrative unit, make use of the services or staff of that administrative
unit.
(13) In
this section—
public sector agency has the same meaning as in the Public Sector Management
Act 1995.
20A—Related
staffing issues
(1) The
employing authority may, with the approval of the Minister, determine that, for
the purposes of the accrual of, or a payment of a lump sum in lieu of the grant
of, long service leave or for the purposes of the accrual of leave on account
of illness, previous service of a person employed under this Act with an
employer other than the employing authority may be regarded, to the extent
approved by the Minister, as service with the employing authority.
(2) The
employing authority may enter into arrangements contemplated by section 5
of the Superannuation Act 1988.
21—Artistic
director of the Company
The Board must appoint a suitably qualified person employed under
this Part to be the artistic director of the Company.
115—Amendment of section 22—Secretary to the Board
Section 22(1)—delete subsection (1) and
substitute:
(1) The
Board must appoint a person employed under this Part to be the secretary to the
Board.
Part 25—Amendment of Technical and Further Education
Act 1975
116—Amendment of section 4—Interpretation
(1) Section 4(1), definition of employee—delete
the definition and substitute:
employing authority means—
(a) unless
paragraph (b) applies—the Chief Executive Officer; or
(b) if
the Governor thinks fit, a person, or a person holding or acting in an office
or position, designated by proclamation made for the purposes of this
definition;
(2) Section
4(1), definition of officer—delete "by the Minister"
(3) Section 4(2)(b)—delete "the
Minister" wherever occurring and substitute in each case:
the employing authority
(4) Section 4(3)—delete "The
Minister" and substitute:
The employing authority
(5) Section 4—after subsection (3) insert:
(4) The
Governor may, from time to time as the Governor thinks fit, vary or revoke a
proclamation made for the purposes of the definition of employing
authority, or make a new proclamation for the purposes of that
definition.
(5) If—
(a) the
Chief Executive Officer is the employing authority under this Act; and
(b) a
provision of this Act—
(i) requires
that a matter be referred to the employing authority by the Chief Executive
Officer; or
(ii) provides
that the Chief Executive Officer make a recommendation to the employing
authority,
the provision will be taken to allow for the Chief Executive
Officer, in his or her capacity as the employing authority, to take action
without an actual referral or recommendation.
117—Amendment of section 8—Delegation by Minister
(1) Section 8(1)(b)—delete paragraph (b) and
substitute:
(b) the
person for the time being holding or acting in a position or office established
for the purposes of this Act; or
(2) Section
8(1)—delete ", except the power to dismiss a person from office"
(3) Section 8—after subsection (3) insert:
(4) A
power, duty or function delegated under this section may, if the instrument of
delegation so provides, be further delegated.
118—Amendment of section 9—General powers of Minister
Section 9(6)—delete subsection (6)
119—Amendment of section 13—Delegation by Chief Executive Officer
(1) Section 13(1)(a)—delete "by the
Minister under section 9 or 15" and substitute:
under this Act
(2) Section 13—after subsection (3) insert:
(4) A
power, function or duty delegated under this section may, if the instrument of
delegation so provides, be further delegated.
120—Amendment of section 15—Appointment of officers
(1) Section 15(1)—delete subsection (1) and
substitute:
(1) Subject
to this Act, the employing authority may appoint such officers to provide
technical and further education and undertake related functions pursuant to
this Act as the employing authority thinks fit.
(2) Section 15(4)—delete "the
Minister" and substitute:
the employing authority
(3) Section 15(6)—delete "the
Minister" and substitute:
the employing authority
(4) Section 15—after subsection (6) insert:
(7) If
the Chief Executive Officer is not the employing authority, the employing
authority must, in acting under this section, consult with the Chief Executive
Officer.
121—Amendment of section 15A—Termination of appointment of officers on probation
(1) Section 15A—delete "The Minister"
and substitute:
The employing authority
(2) Section 15A—after its present contents, as
amended by this section (now to be designated as subsection (1)) insert:
(2) If
the Chief Executive Officer is not the employing authority, the employing
authority must, in acting under this section, consult with the Chief Executive
Officer.
122—Amendment of section 16—Retrenchment of officers
(1) Section 16(1)—delete "Where the
Minister" and substitute:
Where the employing authority
(2) Section 16(1)—delete "the Minister
may, by a written determination under his or her hand" and substitute:
the employing authority may, by written determination
(3) Section 16—after subsection (2) insert:
(3) If
the Chief Executive Officer is not the employing authority, the employing
authority must, in acting under this section, consult with the Chief Executive
Officer.
123—Amendment of section 17—Incapacity of officers
(1) Section 17(1)(b)—delete paragraph (b) and
substitute:
(b) determine
to take steps to transfer the officer to some other employment in the
Government of the State;
(2) Section 17(1)(d)—delete "the
Minister" and substitute:
the employing authority
(3) Section 17(4)—delete subsection (4) and
substitute:
(4) The
Chief Executive Officer may, in acting under subsection (1)(b), recommend
to the employing authority that the officer be appointed to an office or
position under section 39AAB or attempt to secure for the officer some
other appropriate employment in the Government of the State.
(4) Section 17(5)—delete "The
Minister" and substitute:
The employing authority
124—Amendment of section 21—Payment in lieu of long service leave
(1) Section 21(2)—delete "the Minister
must pay" and substitute:
the employing authority must ensure that there is paid
(2) Section 21(2)(b)—delete "the
Minister" and substitute:
the employing authority, with the approval of the Minister,
(3) Section 21(4)—delete "The Minister"
and substitute:
The employing authority
125—Amendment of section 22—Interruption of service
(1) Section 22(2)—delete "the
Minister" and substitute:
the employing authority
(2) Section 22(3)—delete "the
Minister" and substitute:
the employing authority
126—Amendment of section 23—Recognition of previous employment
Section 23(5)—delete "the
Minister" and substitute:
the employing authority
127—Amendment of section 26—Disciplinary action
(1) Section 26(2)(b)—delete "the
Minister" and substitute:
the employing authority
(2) Section 26(3)—delete "The
Minister" and substitute:
The employing authority
(3) Section 26(4)—delete "the
Minister" and substitute:
the employing authority
128—Amendment of section 27—Suspension
Section 27(3)—delete "the Minister
otherwise directs" and substitute:
the employing authority otherwise determines
129—Amendment of section 39AA—Operation of industrial relations legislation
Section 39AA—delete "by the Minister"
130—Insertion of sections 39AAB and 39AAC
After section 39AA insert:
39AAB—Other
staffing arrangements
(1) The
employing authority may employ such other persons (in addition to officers
appointed under this Act and employees in the Department) as appear to the
employing authority to be necessary for the proper administration of this Act.
(2) The
employing authority is, in acting under this section, subject to direction by
the Minister.
(3) However,
no Ministerial direction may be given by the Minister relating to the
appointment, transfer, remuneration, discipline or termination of a particular
person.
(4) In
addition, if the Chief Executive Officer is not the employing authority, the
employing authority must, in acting under this section, consult with the Chief
Executive Officer.
39AAC—Employing
authority—related matters
(1) The
employing authority may delegate a power or function under this Act.
(2) A delegation under subsection (1)—
(a) must
be by instrument in writing; and
(b) may
be made to a body or person (including a person for the time being holding or
acting in a specified office or position); and
(c) may
be unconditional or subject to conditions; and
(d) does
not derogate from the power of the employing authority to act personally in any
matter; and
(e) may
be revoked at any time by the employing authority.
(3) A
power or function delegated under subsection (1) may, if the instrument of
delegation so provides, be further delegated.
(4) A
change in the person who constitutes the employing authority under this Act
will not affect the continuity of employment or appointment of a person under
this Act.
Schedule 1—Transitional provisions
In this Part, unless the contrary
intention appears—
Commonwealth Act means the Workplace Relations Act 1996 of the
Commonwealth;
employing authority means—
(a) subject
to paragraph (b)—the person who is the employing authority under a
relevant Act;
(b) in
a case that relates to employment under the Fire and Emergency Services
Act 2005—the Chief Executive of the South Australian Fire and
Emergency Services Commission, or the Chief Officer of an emergency services
organisation under that Act, as the case requires;
Industrial Commission means the Industrial Relations Commission of South
Australians;
prescribed body means—
(a) the
Aboriginal Lands Trust;
(b) the
Adelaide Cemeteries Authority;
(c) the
Adelaide Festival Centre Trust;
(d) the
Adelaide Festival Corporation;
(e) SA
Ambulance Service Inc;
(f) the
Minister to whom the administration of the Children's Services Act 1985
is committed;
(g) the
Minister to whom the administration of the Education Act 1972 is
committed;
(h) the
Electricity Supply Industry Planning Council;
(i) a
body constituted under the Fire and Emergency Services Act 2005;
(j) the
History Trust of South Australia;
(k) the
Institute of Medical and Veterinary Science;
(l) a
regional NRM board constituted under the Natural Resources Management
Act 2004;
(m) the
Senior Secondary Assessment Board of South Australia;
(n) the
South Australian Country Arts Trust;
(o) the
South Australian Film Corporation;
(p) the
South Australian Health Commission;
(q) an
incorporated hospital under the South Australian Health Commission
Act 1976;
(r) an
incorporated health centre under the South Australian Health Commission
Act 1976;
(s) the
South Australian Motor Sport Board;
(t) the
South Australian Tourism Commission;
(u) The
State Opera of South Australia;
(v) the
State Theatre Company of South Australia;
(w) the
Minister to whom the administration of the Technical and Further Education
Act 1975 is committed;
relevant Act means—
(a) in
a case that relates to employment with a prescribed body established under an
Act being amended by this Act—that Act;
(b) in
a case that relates to employment with a prescribed body who is a Minister to
whom the administration of an Act being amended by this Act is committed—that
Act;
(c) in
a case that relates to employment with a body constituted under the Fire and
Emergency Services Act 2005—that Act.
(1) Subject
to this clause, a person who, immediately before the commencement of this
clause, was employed by a prescribed body under a relevant Act will, on that
commencement, be taken to be employed by the employing authority under that Act
(as amended by this Act).
(2) The following persons will, on the
commencement of this clause, be taken to be employed as follows:
(a) a
person who, immediately before the commencement of this clause, was employed
under section 6L(1) of the Electricity Act 1996 will, on that
commencement, be taken to be employed by the employing authority under that Act
(as amended by this Act);
(b) a
person who, immediately before the commencement of this clause, was employed by
the South Australian Fire and Emergency Services Commission will, on that
commencement, be taken to be employed by the Chief Executive of that body;
(c) a
person who, immediately before the commencement of this clause, was employed by
an emergency services organisation under the Fire and Emergency Services
Act 2005 will, on that commencement, be taken to be employed by the
Chief Officer of that body.
(3) Subject
to this clause, the Governor may, by proclamation, provide that a person
employed by a subsidiary of a public corporation under the Public
Corporations Act 1993 will be taken to be employed by a person or body
designated by the Governor (and the arrangement so envisaged by the
proclamation will then have effect in accordance with its terms).
(4) Subject to subclause (5), an
employment arrangement effected by subclause (1), (2) or (3)—
(a) will
be taken to provide for continuity of employment without termination of the
relevant employee's service; and
(b) will
not affect—
(i) existing
conditions of employment or existing or accrued rights to leave; or
(ii) a
process commenced for variation of those conditions or rights.
(5) If, immediately before the commencement of
this clause, a person's employment within the ambit of subclause (1), (2)
or (3) was subject to the operation of an award or certified agreement (but not
an Australian Workplace Agreement) under the Commonwealth Act, then, on that
commencement, an award or enterprise agreement (as the case requires) will be
taken to be created under the Fair Work Act 1994—
(a) with
the same terms and provisions as the relevant industrial instrument under the
Commonwealth Act; and
(b) with
any terms or provisions that existed under an award or enterprise agreement
under the Fair Work Act 1994, that applied in relation to
employment of the kind engaged in by the person, immediately before
27 March 2006, and that ceased to apply by virtue of the operation of
provisions of the Commonwealth Act that came into force on that day,
subject to any modification or exclusion prescribed by regulations
made for the purposes of this subclause and subject to the operation of
subclause (6).
(6) Where an award or enterprise agreement is
created by virtue of the operation of subclause (5)—
(a) the
award or enterprise agreement will be taken to be made or approved (as the case
requires) under the Fair Work Act 1994 on the day on which this
clause commences; and
(b) the
Fair Work Act 1994 will apply in relation to the award or
enterprise agreement subject to such modifications or exclusions as may be
prescribed by regulations made for the purposes of this subclause; and
(c) the
Industrial Commission may, on application by the Minister to whom the
administration of the Fair Work Act 1994 is committed, or an
application by a person or body recognised by regulations made for the purposes
of this subclause, vary or revoke any term or provision of the award or
enterprise agreement if the Industrial Commission is satisfied that it is fair
and reasonable to do so in the circumstances.
(1) If
a prescribed body under a relevant Act is, immediately before the commencement of
this clause, a party to an arrangement relating to the superannuation of one or
more persons employed by the prescribed body, then the employing authority
under that Act will, on that commencement, become a party to that arrangement
in substitution for the prescribed body.
(2) Nothing that takes effect under
subclause (1)—
(a) constitutes
a breach of, or default under, an Act or other law, or constitutes a breach of,
or default under, a contract, agreement, understanding or undertaking; or
(b) terminates
an agreement or obligation or fulfils any condition that allows a person to
terminate an agreement or obligation, or gives rise to any other right or
remedy,
and subclause (1) may have effect despite any other Act or
law.
(3) An
amendment effected to another Act by this Act does not affect a person's status
as a contributor under the Superannuation Act 1988 (as it may exist
immediately before the commencement of this Act).
(1) The
Governor may, by proclamation, direct that a reference in any instrument
(including a statutory instrument) or a contract, agreement or other document
to a prescribed body, or other specified agency, instrumentality or body, will
have effect as if it were a reference to an employing authority under a
relevant Act, the Minister to whom the administration of a relevant Act is
committed, or some other person or body designated by the Governor.
(2) A
proclamation under subclause (1) may effect a transfer of functions or
powers.
(1) A
notice in force under section 51 of the Children's Services
Act 1985 immediately before the commencement of this clause will
continue to have effect for the purposes of that section, as amended by this
Act.
(2) A
notice in force under section 28 of the Institute of Medical and
Veterinary Science Act 1982 immediately before the commencement of
this clause will continue to have effect for the purposes of that section, as
amended by this Act.
(3) A
notice in force under section 61 of the South Australian Health Commission
Act 1976 immediately before the commencement of this clause will
continue to have effect for the purposes of that section, as amended by this
Act.
(4) A
notice in force under section 13(6) of the South Australian Motor Sport
Act 1984 immediately before the commencement of this clause will
continue to have effect after that commencement but may, pursuant to this
subclause, be varied from time to time, or revoked, by the Minister to whom the
administration of that Act is committed.
(5) The
fact that a person becomes an employer in his or her capacity as an employing
authority under an Act amended by this Act does not affect the status of any
body or person as an employer of public employees for the purposes of the Fair
Work Act 1994 (unless or until relevant regulations are made under the
provisions of that Act).
(1) The
Governor may, by regulation, make additional provisions of a saving or
transitional nature consequent on the enactment of this Act.
(2) A
provision of a regulation made under subclause (1) may, if the regulation
so provides, take effect from the commencement of this Act or from a later day.
(3) To the extent to which a provision takes
effect under subclause (2) from a day earlier than the day of the
regulation's publication in the Gazette, the provision does not operate to the
disadvantage of a person by—
(a) decreasing
the person's rights; or
(b) imposing
liabilities on the person.
(4) The Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Schedule (or regulations made under this Schedule), apply to any amendment or repeal effected by this Act.