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Annex 1: Summary of Main Amendments to State Sector Act

The SSA has been amended from time to time by Amendment Acts as well as by other Acts.

Amendment Acts

1  State Sector Amendment Act 1989

  • Inserted a new definition of "Education service" to reflect the changes made by the School Trustees Act 1989
  • Incorporated provisions relating to employment in the Education service to reflect the State Services Commissioner's responsibility for negotiating awards and agreements
  • Inserted personnel provisions applying to the Education service
  • Provided for appointment of senior staff in the Education service and Commissioner's responsibility for setting their employment conditions
  • Transitional provisions

2  State Sector Amendment Act (No 2) 1989

  • Changed the State Services Commission from a body of up to 4 persons to a single State Services Commissioner, statutory officer and chief executive of the department called the State Services Commission
  • In respect of the functions and powers of the State Services Commissioner (added 3 new functions to s6) amended references to the State Services Commission to the State Services Commissioner
  • Provided for the appointment of a State Services Commissioner and Deputy State Services Commissioner, and for the setting of their terms and conditions of appointment
  • Changed the definitions of
    • "Chief executive" by extending it to chief executives of tertiary education institutions
    • "Education service" by including reference to tertiary institutions; and
    • "Employer" to reflect changes made by the Education Act 1989
  • Added the power to transfer employees and provided for protection of terms and conditions of employees on transfer
  • Amended provisions dealing with appointment and reappointments of chief executives
  • Amended provisions relating to the Senior Executive Service
  • Provided for delegation of the State Services Commissioner's power to negotiate conditions of employment for employees in the Education service and for the period during which the State Services Commissioner would negotiate awards and agreements for employees in tertiary education institutions
  • Added provisions relating to the appointment of chief executives of tertiary education institutions and provided for State Services Commissioner's role relating to the chief executive's terms and conditions of employment
  • Provided for recognition of the PSA as a union
  • Other technical amendments

3  State Sector Amendment Act 1990

  • Provided that employers in the State services could establish superannuation schemes for employees and set the requirements within which any scheme must operate

4  State Sector Amendment Act 1991

  • Amended the SSA to reflect the provisions of the Employment Contracts Act 1991 and the Commissioner's responsibilities relating to employees in the Public Service and to the Education service
  • Amended provisions dealing with transfer of employees and protection to employees being transferred

5  State Sector Amendment Act 1997

  • Amended the SSA so that it no longer applied to kindergartens

6  State Sector Amendment Act 1999

  • Technical amendments to Schedule 1

7  State Sector Amendment Act 2003

  • Enabled amendments to be made to the First Schedule by Order in Council
  • Provided for reorganisations in the Public Service including provisions to limit technical redundancy payments in the case of transfers of staff as a consequence of transfers of functions from one department to another and for recognition of other changes to documents and other things when functions transfer
  • Applied provisions relating to transfers of functions to abolitions of Departments of Social Welfare and Courts

8  State Sector Amendment Act (No 2) 2003

  • Omitted from paragraph (a)(ii) of the definition of the term employer the words "Part 9 of"

9  State Sector Amendment Act 2004

  • Inserted provisions dealing with strikes in the Education service including giving the State Services Commissioner powers to suspend during strikes and providing for technical redundancies where schools are closed or merged

10  State Sector Amendment Act (No 2) 2004

  • Amendment at the time of enactment of the Crown Entities Act 2004 and Public Finance Amendment Act 2004, extending some of the State Services Commissioner's powers to the wider State services
    • Extending s6(a) to enable the Commissioner to review the machinery of government across all areas of government
    • Inserting s6(ha) to enable the Commissioner to provide advice and guidance to employees within the State services (except Crown Research Institutes) on matters or at times, that affect the integrity and conduct of employees within the State services
    • Extending s6(i) beyond the Public Service to enable the Commissioner to provide advice on management systems, structures and organisations in Crown entities
    • Extending s57 beyond the Public Service to enable the Commissioner to set minimum standards of integrity of conduct to most Crown entities, the Parliamentary Counsel Office and the Parliamentary Service, requiring agencies to comply with them and providing the Commissioner with enforcement power
  • Removing the provisions relating to the Senior Executive Service and replacing them with responsibilities for developing senior leadership and management capability in the Public Service and enabling the Commissioner to promote the development strategy to organisations in the State services (not limited to the Public Service)
  • A number of technical changes

11  State Sector Amendment Act 2007

  • Amended the section 33 duty on chief executives to act independently in making decisions about individual employees to reflect the fact that the Senior Executive Service no longer exists

Other Acts

1  New Zealand Public Health and Disability Act 2000

  • Amended the SSA by
    • repealing the definition of Health Service
    • omitting Health Service from the definition of State services

2  Education Standards Act 2001

  • Amended the definition of Education service by including service as a registered teacher in the employment of a free kindergarten association

3  Government Communications Security Bureau Act 2003

  • Amended s44(1) by inserting references to the Director of the Government Communications Security Bureau and the State Services Commissioner; and amended s44(2) by inserting that the Director of the GCSB is the chief executive of the GCSB

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