State Sector (Department of Building and Housing) Order 2004

2004/324

State Sector (Department of Building and Housing) Order 2004


Note

This order is administered in the State Services Commission.


Pursuant to sections 30A and 30C of the State Sector Act 1988, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following order.

1 Title
  • This order is the State Sector (Department of Building and Housing) Order 2004.

2 Commencement
  • This order comes into force on 1 November 2004.

3 Ministry of Housing omitted from Schedule 1 of State Sector Act 1988
4 Department of Building and Housing inserted in Schedule 1 of State Sector Act 1988
  • Schedule 1 of the State Sector Act 1988 is amended by inserting, in its appropriate alphabetical order, the following item: Department of Building and Housing.

5 Application of employee provisions to transfer of functions from Ministry of Economic Development to Department of Building and Housing

Diane Morcom,

Clerk of the Executive Council.


Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order, which comes into force on 1 November 2004, does 2 things.

First, the order removes from the list of the Departments of the Public Service that is contained in Schedule 1 of the State Sector Act 1988 the name of the Ministry of Housing and adds the name of the Department of Building and Housing. This is required to reflect the change in the name of the Ministry of Housing to the Department of Building and Housing.

Secondly, the order applies some of the employee provisions of the State Sector Act 1988 to employees affected by the transfer of some of the functions of the Ministry of Economic Development to the Department of Building and Housing. The provisions applied are—

  • section 30E relating to the restriction of compensation for technical redundancy. As a result, a Ministry of Economic Development employee who is offered equivalent employment with the Department of Building and Housing, or who accepts other employment with the Department of Building and Housing, is not entitled to receive compensation for technical redundancy:

  • section 30F, which disapplies some of the State Sector Act 1988 provisions that usually apply to appointments. As a result, the Department of Building and Housing is not obliged to comply with some standard obligations, for example, the obligation to notify a vacancy before appointing a Ministry of Economic Development employee:

  • section 30G, which relates to the application of collective agreements. As a result, any collective employment agreement that relates to transferring employees will continue to apply to those employees after the transfer, but only in so far as it relates to those employees.

The functions that are transferred, and to which this order relates, are as follows:


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 23 September 2004.