Version as at 28 October 2021
The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.
Note 4 at the end of this version provides a list of the amendments included in it.
This Act is administered by the Ministry of Justice.
An Act to restructure the Department of Justice
(1)
This Act may be cited as the Department of Justice (Restructuring) Act 1995.
(2)
Except as provided in sections 5(5), 6(4), 10(4), 11(5), 12(5), and 13(2), this Act shall come into force on 1 July 1995.
Section 1(2): section 6 brought into force, on 1 December 2004, by clause 2 of the Department of Justice (Restructuring) Act Commencement Order 2004 (SR 2004/350).
In this Act, unless the context otherwise requires,—
document—
includes a contract, deed, or conveyance; but
does not include an enactment or any instrument appointing a person to a statutory office
Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act
proceedings includes—
an application to a court, tribunal, statutory board, or local authority; or
the exercise of a statutory function or power pursuant to an enactment
responsible department, in relation to any proceedings or to any document, means any department of State that, under an enactment or with the authority of the Prime Minister, is for the time being responsible for a function or matter to which the proceedings or the relevant provisions in the document relate
responsible Minister, in relation to any proceedings or to any document, means any Minister of the Crown who, under an enactment or under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for a function or matter to which the proceedings or the relevant provisions in the document relate.
Unless in any case the context otherwise requires, and subject to the provisions of this Act,—
every reference in any document made before 1 October 1995 to the Minister of Justice shall be read as a reference to the responsible Minister:
every reference in any document made before 1 October 1995 to the Secretary for Justice or to the chief executive of the Department of Justice shall be read as a reference to the chief executive of the responsible department:
every reference in any document to the Department of Justice shall be read as a reference to the responsible department.
The Minister may from time to time, for the purpose of providing guidance in relation to the provisions of any document or of any class of documents, make a statement indicating the identity of a responsible Minister or of a responsible department.
(3)
Any document to which a statement under subsection (2) relates shall, in the absence of proof to the contrary, be read in accordance with that statement.
Notwithstanding any provision or rule of law, where a right or licence has been granted or assigned to the Crown for the purposes of the Department of Justice, the right or licence may, for the balance of the term, if any, of the right or licence, be exercised for the purposes of any department of State or of any division of a department of State, if the functions of that department or division consist principally of functions which, at the date of the grant or assignment of the right or licence, were the responsibility of the Department of Justice.
Notwithstanding any provision or rule of law, where a right or licence has been granted or assigned to the Crown for the purposes of a division of the Department of Justice, the right or licence may, for the balance of the term, if any, of the right or licence, be exercised for the purposes of any department of State or of any division of a department of State, if the functions of that department or division consist principally of functions which, at the date of the grant or assignment of the right or licence, were the responsibility of that division of the Department of Justice.
(1), (2)
Amendment(s) incorporated in the Act(s).
The chief executive of the Ministry of Justice shall be known as the Secretary for Justice.
(4)
Notwithstanding section 35 of the State Sector Act 1988, but subject to section 6, the person employed, at the commencement of this section, as the chief executive of the Department of Justice shall by virtue of this section be employed as the chief executive of the Ministry of Justice as if the person’s contract of employment as chief executive of the Department of Justice required the person to hold, for the term of the contract, both the position of chief executive of the Department of Justice and the position of chief executive of the Ministry of Justice.
(5)
This section shall come into force on 1 October 1995.
The Department of Justice is hereby abolished.
(2), (3)
This section shall come into force on a date to be appointed by Order in Council.
An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Section 6(5): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
Where any employees of the Department of Justice whose conditions of employment are governed by an unexpired collective employment contract are transferred (in circumstances to which section 61B of the State Sector Act 1988 applies) to any department specified in Schedule 1 of the State Sector Act 1988, the unexpired collective employment contract shall be deemed, as from the date of the transfer of those employees, to continue to apply on the same terms (including the period of the contract and any terms relating to new employees)—
as if it were a contract that had been made in respect of the department to which those employees are transferred; and
as if it were binding on both those employees and on the chief executive of the department to which those employees are transferred.
Except as otherwise provided in any employment contract, no employee of the Department of Justice who is transferred to any department specified in Schedule 1 of the State Sector Act 1988 (in circumstances to which section 61B of the State Sector Act applies) shall be entitled to receive any payment or other benefit merely because he or she has ceased by virtue of the transfer to be an employee of the Department of Justice.
Where, before the commencement of this Act, the Minister of Justice has, in his capacity as Minister of Justice, initiated or become a party to any proceedings, the proceedings may be continued, completed, and enforced by or against the responsible Minister.
Where, before the commencement of this Act, the Secretary for Justice has, in his capacity as Secretary for Justice, initiated or become a party to any proceedings, the proceedings may be continued, completed, and enforced by or against the chief executive of the responsible department.
The enactments specified in Schedule 1 are hereby amended in the manner indicated in that schedule.
The enactments specified in Schedule 2 are hereby amended in the manner indicated in that schedule.
Subsection (3), and Schedule 2, shall come into force on 1 October 1995.
Subsection (1), and Schedule 3, are hereby consequentially repealed.
Subsections (3) and (4) shall come into force on 1 October 1995.
Section 11(1): repealed, on 1 October 1995, by section 11(4).
The regulations specified in Schedule 5 are hereby amended in the manner indicated in that schedule.
The regulations specified in Schedule 6 are hereby amended in the manner indicated in that schedule.
The amendment by this section of the regulations specified in Schedule 5 or Schedule 6 shall be without prejudice to any power of amending or revoking those regulations.
The Governor-General may from time to time, by Order in Council, consequentially revoke Schedule 5 or Schedule 6 or any part of either of those schedules.
Subsection (2), and Schedule 6, shall come into force on 1 October 1995.
(6)
An order under subsection (4) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Section 12(6): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
The enactments specified in Schedule 7 are hereby consequentially repealed.
This section, and Schedule 7, shall come into force on 1 October 1995.
s 10(1)
s 10(3)
s 11(1)
Schedule 3: repealed, on 1 October 1995, by section 11(4).
s 11(3)
s 12(1)
Amendment(s) incorporated in the rules.
Amendment(s) incorporated in the regulations.
Amendment(s) incorporated in the notice(s).
s 12(2)
By omitting from the Proclamation the words “Prisons Department”, and substituting the words “Department of Corrections”.
“Prisons Department”
“Department of Corrections”
s 10(4)
This is a consolidation of the Department of Justice (Restructuring) Act 1995 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.
A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.
Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.
The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.
Secondary Legislation Act 2021 (2021 No 7): section 3
Department of Justice (Restructuring) Act Commencement Order 2004 (SR 2004/350)
Department of Justice (Restructuring) Act 1995 (1995 No 39): section 11(4)