Sch 2Saving and transitional provisions

Schedule 2—Saving and transitional provisions ***commencement day*** means the day on which Part 3 of the new Act comes into operation; ***former Act*** means **Public Sector Management and Employment Act 1998**; ***new Act*** means **Public Administration Act 2004**. 2 General transitional provision (1) This Schedule does not affect or take away from the **Interpretation of Legislation Act 1984**. (2) If a provision of the former Act continues to apply by force of this Schedule, any other provision of the former Act necessary to give effect to that continued provision also continues to apply in relation to that provision. 3 Existing public service staff (1) A person employed under Part 3 of the former Act immediately before the commencement day, or who by force of the former Act or any other Act is taken to be so employed, must, on that day, be taken to be employed under Part 3 of the new Act, with the same classification, duties and remuneration, and subject to the same industrial award or agreement or contract of employment, and with the same rights to leave of absence and accrued or accruing entitlements, as applied to the person or his or her employment under the former Act immediately before that day. (2) A person employed under section 49 of the former Act immediately before the commencement day must, on that day, be taken to be employed under Division 1 of Part 6 of the new Act, with the same classification, duties and remuneration, and subject to the same agreement or contract, and with the same rights to leave of absence and accrued or accruing entitlements, as applied to the person or his or her employment under section 49 of the former Act immediately before that day. (3) A person employed under section 50 of the former Act immediately before the commencement day must, on that day, be taken to be employed under Division 2 of Part 6 of the new Act, with the same classification, duties and remuneration, and subject to the same agreement or contract, and with the same rights to leave of absence and accrued or accruing entitlements, as applied to the person or his or her employment under section 50 of the former Act immediately before that day. (4) A person employed under Part 9 of the former Act immediately before the commencement day must, on that day, be taken to be employed under Division 3 of Part 6 of the new Act, with the same classification, duties and remuneration, and subject to the same agreement or contract, and with the same rights to leave of absence and accrued or accruing entitlements, as applied to the person or his or her employment under Part 9 of the former Act immediately before that day. (5) A person on probation under the former Act immediately before the commencement day continues on probation under the new Act for the balance of the probation period. (6) The repeal of the former Act does not prevent any of the terms and conditions of employment of a person holding an office or position or employed in the public service under the former Act, or employed under Part 8 or 9 of the former Act, immediately before the commencement day from being altered by or under any law, award or agreement with effect from any time after that day. (7) Except as otherwise provided by this Schedule, the new Act applies to a person who is taken by virtue of a provision of this clause to be employed under a Part, or Division of a Part, of the new Act in the same way as it applies to persons actually employed under that Part or Division. 4 Vacancies Any process to fill a vacancy begun under the former Act but not completed at the commencement day may be continued and completed in accordance with that Act. 5 Public service structure (1) Departments under the former Act with titles corresponding to the titles of Departments in an Order made under section 10 of the new Act and in force on the commencement day must be taken to be those Departments on the commencement day. (2) Administrative Offices under the former Act with titles corresponding to the titles of Administrative Offices in an Order made under section 11 of the new Act and in force on the commencement day must be taken to be those Administrative Offices on the commencement day. 6 Commissioner for Public Employment (1) On the commencement day the person holding office as Commissioner for Public Employment under Part 5 of the former Act goes out of office. (2) A Code of Conduct published by the Commissioner for Public Employment under section 37(1)(a) of the former Act and in force immediately before the commencement day continues to apply to any person or body to which it applied immediately before that day as if it were a code of conduct issued by the Public Sector Standards Commissioner under section 63(1) of the new Act until superseded by a code issued under that section of the new Act and applicable to that person or body. (3) Directions issued by the Commissioner for Public Employment under section 37(1)(b) of the former Act and in force immediately before the commencement day continue to apply to any person or body to which they applied immediately before that day as if they were standards issued by the Public Sector Standards Commissioner under section 66(2) of the new Act until superseded by standards issued under that section of the new Act. 7 Superseded references On and from the commencement day unless the context otherwise requires, in any Act (other than the new Act or a provision of an Act amended by the new Act), or in any instrument made under any Act or in any other document of any kind— (a) a reference to, or a reference that by force of any Act must be read as a reference to, the Public Employment Minister must be read as a reference to the Premier; (b) a reference to, or a reference that by force of any Act must be read as a reference to, the Commissioner for Public Employment must be read as a reference to the State Services Authority; (c) a reference to the **Public Service Act 1958**, the **Public Service Act 1974**, the **Public Sector Management Act 1992** or the former Act must be read as a reference to the new Act; (d) a reference to an Administrative Unit (except one specified in Schedule Three A to the **Public Service Act 1974**) must be read as a reference to a Department; (e) a reference to an Administrative Unit specified in Schedule Three A to the **Public Service Act 1974** must be read as a reference to an office specified in section 16(1) of the new Act; (f) a reference to an Associated Administrative Unit must be read as a reference to an Administrative Office; (g) a reference to the Chief Administrator (of an Administrative Unit) must be read as a reference to a Department Head; (h) a reference to a Chief Administrator (of an Associated Administrative Unit) must be read as a reference to an Administrative Office Head; (i) a reference to a person performing the functions of a Department Head in relation to an Administrative Office must be read as a reference to an Administrative Office Head; (j) a reference to an Agency Head within the meaning of the former Act must be read as a reference to a public service body Head within the meaning of the new Act; (k) a reference to section 16 of the former Act must be read as a reference to section 16 of the new Act; (l) a reference to an authority within the meaning of section 47(1) of the former Act must be read as a reference to an authority within the meaning of section 104(1) of the new Act; (m) a reference to an office or position (in relation to the public service) must be read as a reference to employment under Part 3 of the new Act; (n) a reference to an officer, employee, fixed term employee, temporary employee, casual employee or cadet (in the public service) must be read as a reference to an employee under Part 3 of the new Act. 8 Re-employment in public sector The repeal of the **Public Sector Reform (Miscellaneous Amendments) Act 1998** does not affect the continued application, by force of clause 8 of Schedule 2 to that Act, of a provision of Part 9 of the **Public Sector Management Act** **1992** to any person to whom it applied immediately before the commencement day within the meaning of that Schedule (whether by reason of a provision of the **Public Sector Management Act 1992** or of any other Act) in respect of an office, position or employment held by that person immediately before that day as if it had not been repealed.