Public Service Legislation Bill

Hon Chris Hipkins

Public Service Legislation Bill

Government Bill

189—1

Contents

Explanatory note
1Title
2Commencement
3Purposes of this Act
4Guide to this Act
5Interpretation
6Transitional, savings, and related provisions
7Act binds the Crown
8Public service defined
9Purpose
10Public service principles
11Spirit of service to community
12Crown’s relationships with Māori
13Who responsibilities are owed to, how these apply, and reporting to Commissioner
14Public service values
15Commissioner may set minimum standards of integrity and conduct
16Agencies must comply with minimum standards unless exception granted
17Guidance on integrity and conduct
18Required content of guidance on rights and responsibilities
19Status of minimum standards and guidance
20Rights and freedoms of employees
21Establishment and reorganisations of departments and departmental agencies
22Functions and working arrangements of departmental agencies
23Purposes
24Establishment and reorganisations of interdepartmental executive boards
25Responsibilities, powers, and working arrangements of interdepartmental executive boards
26Members of board responsible to appropriate Minister
27Selection of board members and designation of chairperson
28Limit on role of independent advisers
29Operating procedures to be published
30Purposes
31Establishment and reorganisations of interdepartmental ventures
32Responsibilities and powers of boards of interdepartmental ventures
33Members of board responsible to appropriate Minister
34Members of board and designation of chairperson
35Operating procedures to be published
36Purpose
37Establishment of joint operational agreements
38Implementation and limit on enforceability
39Termination of joint operational agreements
40Public Service Commissioner
41Commissioner’s role
42Commissioner’s general functions
43Duty to act independently when making decisions about public service chief executives
44Other functions and powers of Commissioner
45Deputy Public Service Commissioners
46Other terms and conditions of appointment
47Commissioner is chief executive of Commission
48Advisory committees
49Public service chief executives
50General responsibilities of chief executives of departments and departmental agencies
51Functional chief executives
52Duty to act independently in employment matters
53Working arrangements between functional chief executives and host departments
54System leaders
55Standards and guidance
56Other provisions in schedules
57Public service leadership team
58Purposes of public service leadership team
59Commissioner must develop and implement leadership strategy
60Guidance
61Responsibilities of chief executives and boards
62Secondments
63Interpretation
64Public service employees: departments
65Public service employees: interdepartmental ventures
66Public service employees: departmental agencies
67Public service employees: interdepartmental executive boards
68Ministerial staff
69Appointments subject to review
70Appointments on merit
71Chief executive of department and board of an interdepartmental venture to be good employer
72Commissioner’s functions include promoting, developing, and monitoring equal employment opportunities
73Chief executives and boards to promote diversity and inclusiveness
74Commissioner’s functions in relation to diversity and inclusiveness
75Application of Employment Relations Act 2000 to public service
76Personal grievances and disputes
77Negotiation of collective agreements
78Collective agreements
79Delegation of Commissioner’s powers to negotiate collective agreements
80Pay equity claims
81Provisions relating to negotiation of pay equity claim
82Agreement in relation to pay equity claim binding on chief executive or board affected
83Delegation of Commissioner’s powers to negotiate pay equity claim
84Other employment provisions
85Power to transfer employees between public service agencies
86No redundancy payment for employee transferred under section 85
87Other restrictions on redundancy payments
88Certain provisions not to apply in relation to transfer or offer of alternative position
89Application of section 90
90Employment in public service continuous for purpose of certain enactments
91Liability of public service agencies for remediation in relation to continuous employment
92Further provision in relation to continuous employment
93Regulations relating to continuous employment under section 90
94Responsibility of departmental agency for health and safety of workers
95Commissioner’s functions in relation to this Part
96Commissioner may draft and submit Government workforce policy to Minister
97Government workforce policy: content
98Rights, obligations, etc, not affected by Government Workforce Policy Statement
99Government workforce policy: approval by Minister
100Government Workforce Policy Statement: process
101Government Workforce Policy Statement: implementation
102Request for information does not limit other enactments
103Offence to solicit or attempt to influence public service leaders
104Immunity for chief executives and employees
105Departmental agency to comply with section 23 of Privacy Act 1993
106Reorganisations within public service
107Amendment to Crown Organisations (Criminal Liability) Act 2002
108Amendments to Privacy Act 1993
109Repeals
110Repeal of certain provisions of this Act
111Legislative instruments revoked
112Consequential amendments to enactments
113Principal Act
114Section 1A amended (Purpose)
115Section 2 amended (Interpretation)
116Section 7C amended (Responsibility for, and administration and use of, appropriations)
117Section 15C amended (End-of-year performance information requirements)
118Section 15D amended (Exemptions from end-of-year performance information requirements for certain categories of expenses and capital expenditure)
119Section 19 amended (Power of Secretary to obtain information)
120Section 19A amended (Provision of end-of-year performance information other than by Ministers)
121Section 26Z amended (Power of Secretary to obtain information)
122Section 29A amended (Power of Secretary to obtain information)
123Part 4 heading amended
124Section 34 amended (Responsibilities of chief executives: financial management of departmental matters)
125Section 36 amended (Responsibilities of chief executives: reporting)
126Section 37 amended (Power of chief executives to obtain information)
127Section 38 amended (Departments must provide information on strategic intentions)
128Section 40 amended (Requirements for information on strategic intentions)
129Section 41 amended (Minister may grant extension of time for, or waive, requirement to provide information on strategic intentions)
130Section 43 amended (Departments must prepare annual reports)
131Section 43A repealed (Departmental agencies must prepare annual reports)
132Section 44 amended (Obligation to present and publish annual reports)
133Section 45 amended (Contents of annual report of department)
134Section 45AA replaced (Contents of departmental agency annual report)
45AAContents of annual report of specified agency
45ABWaiver from requirement to include financial statements in specified agency’s annual report
135Section 45C amended (Statement of responsibility)
136New section 45CA inserted (Statement of responsibility for specified agencies)
45CAStatement of responsibility for specified agencies
137Section 45D amended (Audit report)
138Section 45E amended (Application of this Part to intelligence and security departments)
139Section 45H amended (Application of subpart)
140Section 65S amended (Departmental Bank Accounts)
141Section 65ZE amended (Departments may give guarantee or indemnity specified in regulations if in public interest)
142Section 75 amended (Minister may exercise powers relating to bona vacantia)
143Section 80 amended (Treasury instructions)
144Section 80A amended (Minister of Finance instructions)
145Section 81 amended (Regulations, Orders in Council, and notices)
146Section 82 amended (Consultation and approval requirements for regulations or instructions relating to reporting standards)
147New section 82A inserted (Certain specified agencies with intelligence and security aspect treated as intelligence and security departments)
82ACertain specified agencies with intelligence and security aspect treated as intelligence and security departments

The Parliament of New Zealand enacts as follows: