State Sector Amendment Act (No 2) 2004

1: Title
1: This Act is the State Sector Amendment Act (No 2) 2004.
2: In this Act, the State Sector Act 1988 the principal Act
2: Commencement
This Act comes into force on 25 January 2005.
3: Title amended
1: The Title of the principal Act is amended by inserting in paragraph (b) (d) services and other agencies
2: Paragraph (g) and assistance to other agencies on conditions of employment
4: Interpretation
1: Section 2 applicable collective agreement agency .
2: Section 2 conditions of employment Crown entity
a: means a Crown entity within the meaning of section 7 of the Crown Entities Act 2004
b: does not include a tertiary education institution or a Crown Research Institute or any of their subsidiaries Crown Research Institute Crown Research Institutes Act 1992 Part 1 of the Crown Entities Act 2004 .
3: Section 2 paragraph (a) State services
ab: includes a Crown entity; and
ac: includes a Crown Research Institute; and .
4: Section 2 paragraph (c)(vi) State services
vi: any tertiary education institution .
5: Section 2 strike tertiary education institution section 159(1) of the Education Act 1989 .
5: Functions of Commissioner in relation to Public Service
1: Section 6 in relation to Public Service
2: Section 6 paragraph (a)
a: to review the machinery of government across all areas of government, including—
i: the allocation of functions to and between departments and other agencies; and
ii: the desirability of, or need for, the creation of new departments and other agencies and the amalgamation or abolition of existing departments and other agencies; and
iii: the co-ordination of the activities of departments and other agencies: .
3: Section 6 paragraph (d)
d: to promote and develop senior leadership and management capability for the Public Service: .
4: Section 6 paragraphs (h) (i)
h: to provide advice on the training and career development of staff in the Public Service:
ha: to provide advice and guidance to employees within the State services (except Crown Research Institutes) on matters, or at times, that affect the integrity and conduct of employees within the State services:
i: to provide advice on management systems, structures, and organisations in the Public Service and Crown entities: .
6: New
section 8 The principal Act is amended by repealing section 8
8: Power of Commissioner to conduct inspections and investigations
1: This section applies when the Commissioner is—
a: carrying out his or her functions in respect of the Public Service:
b: carrying out his or her functions under section 6(ha)
2: The Commissioner may conduct any inspections and investigations, and make and receive any reports, that the Commissioner considers necessary or the Minister directs.
7: New
section 9 The principal Act is amended by repealing section 9
9: Power to obtain information
1: The Commissioner may require, by written notice, a Department, or any agency in respect of which the Commissioner is carrying out his or her functions under section 6(a), (ha), or (i)
2: The Department or agency to which the notice is given must comply with the notice, and must keep all records that are necessary to enable it to comply with the notice.
3: This section does not limit any Act that imposes a prohibition or restriction on the availability of any information.
8: Exercise of functions and powers in respect of other State services
1: Section 11 subsection (4)
4: The Commissioner may, if requested by the head of any part of the State services, and must, if requested by the Minister in charge of, or responsible for, any part of the State services, exercise in respect of that part of the State services any of the functions and powers that the Commissioner may exercise in respect of Departments under any provision of sections 6 to 8
2: Section 11(5)(a) any other Act this or
3: Section 11
6: The Commissioner may, if requested by the head of any part of the State services that does not form part of the Public Service, or of any corporation listed in the First Schedule of the State-Owned Enterprises Act 1986
9: New
Part 4 The principal Act is amended by repealing Part 4
4: Senior leadership and management capability in Public Service
46: Object
The object of this Part is to establish the shared responsibility of the Commissioner and the chief executives of Departments of the Public Service for the development of senior leadership and management capability in the Public Service, so that there will be sufficient senior employees who are able to fill chief executive and other leadership and senior management positions in the Public Service.
47: Responsibilities of Commissioner
1: The Commissioner is responsible for—
a: developing and promoting a strategy for the development of senior leaders and managers in the Public Service; and
b: at the Commissioner's discretion, issuing guidance to chief executives of Departments of the Public Service to assist them in developing senior leaders and managers in their Departments; and
c: establishing an executive leadership programme for selected employees in the Public Service that will provide training and development for those employees, so that those employees gain the ability to fill chief executive and other leadership and senior management positions in the Public Service.
2: In relation to the executive leadership programme, the Commissioner is responsible, in consultation with chief executives of Departments of the Public Service, for—
a: setting standards for the selection of employees in the Public Service to participate in the executive leadership programme; and
b: approving the entry of employees in the Public Service to the executive leadership programme; and
c: approving the development programme for each employee participating in the executive leadership programme, in consultation with the employee concerned.
3: Despite section 33
48: Responsibilities of Public Service chief executives
1: Each chief executive of a Department of the Public Service is responsible for developing senior leadership and management capability in his or her Department and in doing so must have regard to any guidance by the Commissioner under section 47(1)(b)
2: Each chief executive of a Department of the Public Service must, in relation to the executive leadership programme,—
a: co-operate with the Commissioner in making employees available for selection for the executive leadership programme; and
b: comply with any reasonable request by the Commissioner under section 47(3)
c: co-operate with the Commissioner, to the extent reasonable, to give effect to any secondment that the Commissioner proposes under section 49
49: Secondments
1: The Commissioner may arrange for the secondment of any employee selected for the executive leadership programme to a Department of the Public Service or another organisation in the State services, subject to the agreement of the employee and the chief executives concerned, for the purpose of giving effect to any part of the development programme for that employee referred to in section 47(2)(c)
2: Sections 60, 61, and 65
50: Other organisations in State services
1: The Commissioner may promote the strategy for the development of senior leaders and managers developed for the Public Service under section 47(1)(a)
2: The Commissioner may issue to organisations in the State services that are not part of the Public Service any guidance he or she has issued to chief executives of Departments of the Public Service under section 47(1)(b)
3: The Commissioner may, in consultation with the employee's chief executive, invite any employee in an organisation in the State services that is not part of the Public Service to participate in training and development activities provided for employees of Public Service Departments.
10: General principles
1: Section 56 subsection (1)
1: The chief executive of a Department must—
a: operate a personnel policy that complies with the principle of being a good employer; and
b: make that policy (including the equal employment opportunities programme) available to its employees; and
c: ensure its compliance with that policy (including its equal employment opportunities programme) and report in its annual report on the extent of its compliance.
2: Section 56(2) paragraph (f)
f: recognition of the aims and aspirations and employment requirements, and the cultural differences, of ethnic or minority groups; and .
11: New
sections 57 to 57C The principal Act is amended by repealing section 57
57: Commissioner may set minimum standards of integrity and conduct
1: The Commissioner may set minimum standards of integrity and conduct that are to apply in—
a: the Public Service:
b: all or any Crown entities:
c: the Parliamentary Counsel Office:
d: the Parliamentary Service.
2: The Commissioner may set those minimum standards by issuing a code of conduct and applying it to any agency referred to in subsection (1)
3: A code may be applied to an agency referred to in subsection (1)(b) to (d)
57A: Agencies must comply with minimum standards except in particular circumstances
1: An agency (including its employees) must comply with any standards that apply to it under section 57
2: However, an agency referred to in section 57(1)(b) to (d)
a: obtained the prior written approval of its responsible Minister to the derogation; and
b: sent a copy of the approval to the Commissioner.
3: This section does not prevent an agency from applying additional or detailed standards that are consistent with the standards applied to the agency.
57B: Breaches of minimum standards
The Commissioner may advise the responsible Minister if, in the opinion of the Commissioner, a serious breach of any minimum standard applied to an agency under section 57
57C: Commissioner's powers when setting and enforcing minimum standards
1: The Commissioner may, when acting under sections 57 to 57B section 57(1)(b) to (d) sections 7 to 9 section 25
2: The Commissioner's powers include providing advice and guidance on matters like the interpretation of the standards and the application of a code of conduct in specific cases.
12: Equal employment opportunities
1: Section 58 subsections (1) (2)
2: Section 58(3) this section and
13: General principles
1: Section 77A subsection (1)
1: Every employer in the Education service must—
a: operate a personnel policy that complies with the principle of being a good employer; and
b: make that policy (including the equal employment opportunities programme) available to its employees; and
c: ensure its compliance with that policy (including its equal employment opportunities programme) and report in its annual report (if any) on the extent of its compliance.
2: Section 77A(2) paragraph (f)
f: recognition of the aims and aspirations and employment requirements, and the cultural differences, of ethnic or minority groups; and .
14: Code of conduct in relation to Education service
Section 77B(3) paragraph (c)
c: the Commissioner, and must have regard to any code of conduct issued by the Commissioner under section 57
15: Equal employment opportunities
Section 77D subsections (2) to (4)
16: New
sections 84 to 84B
1: The principal Act is amended by repealing sections 84 to 84D
84: Interpretation
For the purposes of sections 84A and 84B contribute employee employer
a: means a person who pays, or is liable to pay, to any person (being an employee) any earnings as an employer; but
b: means the chief executive of the Ministry within the meaning of section 91A(1) of the Education Act 1989
i: an institution that is subject to Part 9 of that Act
ii: a free kindergarten within the meaning of section 120 of that Act
c: includes any person or organisation whose officers or employees were, immediately before 1 July 1992, entitled to elect or required to become contributors to the Government Superannuation Fund established under the Government Superannuation Fund Act 1956 State services
a: any tertiary education institution:
b: any employer within the meaning of this section superannuation scheme scheme Superannuation Schemes Act 1989
84A: Power to establish superannuation schemes for officers and employees
An employer in the State services may—
a: arrange for any superannuation scheme or schemes to be established for its officers or employees (or both):
b: join with another employer (whether or not in the State services) in arranging for any superannuation scheme, or any trust arrangement that is part of a superannuation scheme, to be established for the purpose of providing, or facilitating the provision of, superannuation for its officers or employees (or both):
c: arrange for its officers or employees to become members of any established superannuation scheme:
d: provide arrangements in respect of the superannuation of any individual officer or employee.
84B: Contributions to superannuation schemes
An employer in the State services may contribute to a superannuation scheme for the purpose of providing retirement benefits to its officers or employees (or both) only if—
a: the scheme is registered under the Superannuation Schemes Act 1989
b: the scheme provides that the sum of all benefits (including any lump sum payments, annuities, and other benefits) payable from the scheme in respect of any member of the scheme will not exceed the sum of—
i: contributions paid by or on behalf of a member and investment earnings on the contributions; and
ii: any allocations to the member from surplus funds held within the scheme; and
iii: the amount paid in respect of that member from any insurance policy effected for the benefit of members of the scheme; and
c: the trust deed of the scheme defines the rates or amounts (if any) of contributions of the employer or officers or employees; and
d: the trust deed of the scheme entitles the employer to cease contributing to the scheme on behalf of a person if that person ceases to be an officer or employee of the employer; and
e: the benefits provided by the scheme are fully funded as they accrue; and
f: the scheme, if it enables members to withdraw from the scheme, enables withdrawing members to transfer to other superannuation schemes the value (as determined in accordance with the terms of the scheme) of the benefits attributable to that person's membership of the scheme up to the date of withdrawal; and
g: the scheme enables any person who becomes an officer or employee of that employer, if the employer agrees to contribute to the scheme on that person's behalf, to become a member of the scheme and to transfer to the scheme the value of the benefits attributable to that person's membership of other superannuation schemes; and
h: the trust deed of the scheme does not permit amendments to be made to the scheme that would result in any provision of paragraphs (a) to (g)
2: The entitlement of an officer or employee in the State services under any superannuation arrangement that applies to that officer or employee at the commencement of this section is not affected by—
a: the repeal of sections 84 to 84D
b: the amendments to Acts that are contained in Schedule 6 Crown Entities Act 2004
17: Amendments to align all tertiary education institutions with universities, polytechnics, and colleges of education
The principal Act is amended by—
a: repealing the definitions of college of education polytechnic university section 2
b: omitting the words university, polytechnic, or college of education tertiary education institution
c: omitting from section 77C(4) university, polytechnic, college of education tertiary education institution
18: Amendments to other Acts relating to Commissioner's mandate
The enactments in Part 1
19: Amendments to other Acts consequential on disestablishment of senior executive service
1: The enactments in Part 2
2: The principal Act is consequentially amended in the manner shown in Schedule 2