Public Sector Management (Extension to Certain Land Management Corporation Employees) Proclamation 2003

South Australian Proclamations and Notices

Public Sector Management (Extension to Certain Land Management Corporation Employees) Proclamation 2003

under section 71 of the Public Sector Management Act 1995

1—Short title

This proclamation may be cited as the Public Sector Management (Extension to Certain Land Management Corporation Employees) Proclamation 2003.

2—Commencement

This proclamation will come into operation on 12 January 2004.

3—Interpretation

In this proclamation—

Act means the Public Sector Management Act 1995.

4—Extension of operation of provisions

(1) The operation of the provisions of the Act listed in the first column of the table in Schedule 1 is extended to public sector employees described in the second column of the table in Schedule 1 (and listed in Schedule 2), subject to the modifications listed in the third column of the table in Schedule 1.

(2) If a public sector employee to whom this proclamation applies agrees (whether by contract or as a party bound by an industrial award or enterprise agreement) that a provision or provisions of the Act applying to the employee by virtue of this proclamation should cease to so apply, this proclamation will be taken to have been varied, in relation to that employee, to the extent necessary to give effect to the agreement.

Schedule 1—Provisions of Act and description of employees

Provisions of Act	Description of Employees	How Provisions Modified
Sections 31 and 32; Part 7 Division 3 (sections 42 and 43); Part 8 (sections 44 to 64 inclusive); Section 74	Those public sector employees listed in Schedule 2 who are employed by the Land Management Corporation and who were, immediately before the day on which this proclamation comes into operation, employed in the Department for Administrative and Information Services.	For the purposes of applying the provisions of the Act listed in the first column of this table to employees described in the second column of this table, the following modifications to those provisions are prescribed— (a) all references to an "administrative unit" are to be read as including a reference to the Land Management Corporation;
		(b) all references to a "Chief Executive" are to be read as including a reference to the Chief Executive of the Land Management Corporation; (c) the references to "a contract under Part 7" in section 32(7)(a) will be read as a reference to a contract between the employee and the Land Management Corporation; (d) all references to an "employee" are to be read as including a reference to an employee of the Land Management Corporation described in the second column of this table; (e) subject to paragraph (f), all references to the "Governor" are to be read as references to the Land Management Corporation; (f) paragraph (e) does not apply for the purposes of section 58(5)(e)(i) and (10)(a) and section 60(1)(a) and (4)(a); (g) all references to a "position" in sections 42 and 43 will be read as references to a position other than a position in the Land Management Corporation; (h) all references to the "Public Service" are to be read as including a reference to the Land Management Corporation.

Provisions of Act

Description of Employees

How Provisions Modified

Sections 31 and 32;

Part 7 Division 3
(sections 42 and 43);

Part 8

(sections 44 to 64 inclusive);

Section 74

Those public sector employees listed in Schedule 2 who are employed by the Land Management Corporation and who were, immediately before the day on which this proclamation comes into operation, employed in the Department for Administrative and Information Services.

For the purposes of applying the provisions of the Act listed in the first column of this table to employees described in the second column of this table, the following modifications to those provisions are prescribed—

(a) all references to an "administrative unit" are to be read as including a reference to the Land Management Corporation;

(b) all references to a "Chief Executive" are to be read as including a reference to the Chief Executive of the Land Management Corporation;

(c) the references to "a contract under Part 7" in section 32(7)(a) will be read as a reference to a contract between the employee and the Land Management Corporation;

(d) all references to an "employee" are to be read as including a reference to an employee of the Land Management Corporation described in the second column of this table;

(e) subject to paragraph (f), all references to the "Governor" are to be read as references to the Land Management Corporation;

(f) paragraph (e) does not apply for the purposes of section 58(5)(e)(i) and (10)(a) and section 60(1)(a) and (4)(a);

(g) all references to a "position" in sections 42 and 43 will be read as references to a position other than a position in the Land Management Corporation;

(h) all references to the "Public Service" are to be read as including a reference to the Land Management Corporation.

Schedule 2—Employees

Last Name	First Name
Piovesan	Angelo
Gamtcheff	Nicholas
Eastaughffe	Michael
Sawyers	James
McRostie	Elizabeth

Made by the Governor

with the advice and consent of the Executive Council
on 18 December 2003

MAS03/040CS

[Published in the Gazette on 18 December 2003 at page 4555]

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