Public Service Act 2020

Consequential amendments

Schedule 9: Reorganisations in public service

You could also call this:

"Changes to government agencies and what happens to the people who work there"

When public service agencies change, you need to know how it affects the people working there. If one agency takes over work from another, the employees do not automatically move to the new agency. You can read more about this in section 105 of the Public Service Act 2020.

If an agency's name changes, or it is disestablished, any references to the old agency name must be read as if they referred to the new agency name. This also applies to references to chief executives.

The changes to agency names or disestablishment do not affect the property or rights of the Crown. You can find more information about what is meant by "property" in clause 5.

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9Reorganisations in public service Empowered by s 105

1Effect of reorganisations within public service on employees

  1. A transfer of functions from one public service agency (Agency A) to another public service agency (Agency B) does not transfer a chief executive or an employee, despite clauses 2(2) and (3) and 3(2) and (3).

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2Consequential changes to references to public service agencies or employees of departments after reorganisations

  1. If an enactment or other thing refers to a particular public service agency and that reference is no longer appropriate because the agency’s name has changed, the reference must be read as a reference to the agency under its new name.

  2. If an enactment or other thing refers to a particular public service agency and that reference is no longer appropriate because the agency has been disestablished, the reference must be read as a reference to the new responsible agency.

  3. If an enactment or other thing refers to a particular public service agency and that reference is no longer appropriate because functions have been transferred elsewhere in the public service, the reference must be read as a reference to the new responsible agency.

  4. If an enactment or other thing refers to employees of a particular public service agency and that reference is no longer appropriate because the agency’s name has changed, the reference must be read as a reference to the employees of the agency under its new name.

  5. If an enactment or other thing refers to employees of a particular public service agency and that reference is no longer appropriate because the agency has been disestablished, the reference must be read as a reference to the employees of the new responsible agency.

  6. If an enactment or other thing refers to employees of a particular public service agency and that reference is no longer appropriate because functions have been transferred elsewhere in the public service, the reference must be read as a reference to the employees who carry out the relevant functions.

  7. In this clause, new responsible agency means the public service agency to which responsibility for the matter to which the reference relates has been transferred.

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3Consequential changes to references to chief executives after reorganisations

  1. If an enactment or other thing refers to a particular designation of a chief executive or a chief executive of a particular public service agency and that reference is no longer appropriate because the designation or name of the agency has changed, the reference must be read as a reference to the chief executive under the new designation or the agency’s new name (as applicable).

  2. If an enactment or other thing refers to a chief executive of a particular public service agency and that reference is no longer appropriate because the agency has been disestablished, the reference must be read as a reference to the new responsible chief executive.

  3. If an enactment or other thing refers to a chief executive of a particular public service agency and that reference is no longer appropriate because functions have been transferred elsewhere in the public service or between chief executives, the reference must be read as a reference to the new responsible chief executive.

  4. In this clause, new responsible chief executive means the chief executive to whom, or to whose agency, responsibility for the matter to which the reference relates has been transferred.

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4Application of consequential changes to references

  1. Clauses 2 and 3

  2. apply to things that are in force or exist at the time of the name change, disestablishment, or transfer of functions (whether coming into force, entered into, or created before or after the commencement of this clause); and
    1. apply to references in anything, including (without limitation) deeds, agreements, proceedings, instruments, documents, and notices.
      1. Regulations made under section 105(1) may apply clauses 2 and 3 to things also coming into force, entered into, or created during a transitional period after the relevant name change, disestablishment, or transfer of functions that is specified in those regulations.

      2. Clauses 2 and 3 do not remove the need for a public service agency that has been established by an enactment to have its name changed, be disestablished, or have statutory functions transferred by an enactment, and clauses 2 and 5 apply to that name change, disestablishment, or transfer only on and after that enactment has given effect to it.

      3. Clauses 2(1) and (2) and 3(1) and (2) apply only on and after Schedule 2 is amended to reflect the relevant name change or disestablishment.

      4. Clauses 2 and 3

      5. apply to collective agreements subject to clause 1; but
        1. do not apply to individual employment agreements.
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          5Effect of reorganisations within public service

          1. The disestablishment or change of name of a public service agency, the transfer of functions between agencies, or the establishment of a new agency does not affect—

          2. the property, rights, or obligations of the Crown (whether or not in the name of the Crown or of a particular agency, chief executive, or other person in an agency); or
            1. the commencement or continuation of proceedings by or against the Crown (whether or not in the name of the Crown or of a particular agency, chief executive, or other person in an agency).
              1. In this clause, property means property of every kind, whether tangible or intangible, real or personal, corporeal or incorporeal; and includes rights, interests, and claims of every kind over property, however they arise.

              2. This clause does not limit section 23(1), 26(1), 33(1), 51(3), or 105(1) or clauses 1 to 4.

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