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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
NSW Jobs Commission Bill 2012
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The object of this Bill is to establish a NSW Jobs Commission to inquire into and
advise on matters affecting jobs growth and retention particularly in relation to
regional areas.
Outline of provisions
Part 1 Preliminary
Part 1 (clauses 1-3) contains provisions relating to the name of the proposed Act, its
commencement and the meaning of certain words and expressions used in the
proposed Act.
Part 2 NSW Jobs Commission
Part 2 (clauses 4-9) constitutes the NSW Jobs Commission as a NSW Government
agency and provides for its membership and functions. The Commission will consist
of a NSW Jobs Commissioner appointed by the Governor and up to 5 other part-time
members with relevant skills, knowledge or experience, who will be appointed by the
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NSW Jobs Commission Bill 2012
Explanatory note
Premier. The Commission will be subject to the control and direction of the Premier.
Its functions will include conducting inquiries into communities and industries that
have been affected by job losses, making recommendations to enhance economic
opportunities in these areas and identifying issues affecting jobs growth and
retention. It will also evaluate regional development funding initiatives. The
Commission will be able to delegate its functions to the Commissioner and its staff
will be employed under Chapter 1A of the Public Sector Employment and
Management Act 2002.
Part 3 Miscellaneous
Part 3 (clauses 10-12) excludes certain persons from personal liability, enables the
Governor to make regulations for the purposes of the proposed Act and provides for
a review by the Premier after 5 years of the effectiveness with which the Commission
exercises its functions.
Schedule 1 contains provisions relating to the members and procedure of the
Commission that are the standard provisions relating to statutory corporations.
Schedule 2.1 amends the Public Finance and Audit Act 1983 to provide for financial
auditing and annual reporting by the Commission.
Schedule 2.2 amends the Public Sector Employment and Management Act 2002 to
add the NSW Jobs Commissioner to the list of statutory officers who hold senior
executive positions for the purposes of that Act.
Explanatory note page 2
Introduced by Mr J C Robertson, MP First print
New South Wales
NSW Jobs Commission Bill 2012
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Definitions 2
Part 2 NSW Jobs Commission
4 Constitution and membership of Commission 3
5 Appointment of Commissioner and acting Commissioner 3
6 Ministerial control 3
7 Functions of Commission 4
8 Delegation of Commission's functions 4
9 Staff of Commission 4
Part 3 Miscellaneous
10 Personal liability 6
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NSW Jobs Commission Bill 2012
Contents
Page
11 Regulations 6
12 Review of Commission's functions 6
Schedule 1 Members and procedure of Commission 7
Schedule 2 Amendment of Acts 12
Contents page 2
New South Wales
NSW Jobs Commission Bill 2012
No , 2012
A Bill for
An Act to establish the NSW Jobs Commission to inquire into and advise on matters
affecting jobs growth and retention; and for other purposes.
Clause 1 NSW Jobs Commission Bill 2012
Part 1 Preliminary
The Legislature of New South Wales enacts: 1
Part 1 Preliminary 2
1 Name of Act 3
This Act is the NSW Jobs Commission Act 2012. 4
2 Commencement 5
This Act commences 3 months after the date of assent to this Act unless 6
commenced sooner by proclamation. 7
3 Definitions 8
(1) In this Act: 9
Commission means the NSW Jobs Commission constituted by this Act. 10
Commissioner means the NSW Jobs Commissioner appointed under 11
section 5. 12
exercise a function includes perform a duty. 13
function includes a power, authority or duty. 14
part-time member means a member of the Commission referred to in 15
section 4 (3) (b). 16
(2) Notes included in this Act do not form part of this Act. 17
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NSW Jobs Commission Bill 2012 Clause 4
NSW Jobs Commission Part 2
Part 2 NSW Jobs Commission 1
4 Constitution and membership of Commission 2
(1) There is constituted by this Act a corporation with the corporate name 3
of the NSW Jobs Commission. 4
(2) The Commission is, for the purposes of any Act, a NSW Government 5
agency. 6
(3) The Commission is to consist of the following members: 7
(a) the Commissioner, 8
(b) not more than 5 other persons appointed by the Premier who 9
together have relevant skills, knowledge or experience in 10
regional business, agriculture, manufacturing, trade, investment, 11
research, development, economic growth or other areas relevant 12
to job creation. 13
Note. Schedule 1 contains provisions relating to the membership and 14
procedure of the Commission. 15
5 Appointment of Commissioner and acting Commissioner 16
(1) The Governor may, on the recommendation of the Premier, appoint a 17
NSW Jobs Commissioner. 18
(2) The employment of the Commissioner is subject to Part 3.1 of the 19
Public Sector Employment and Management Act 2002, but is not 20
subject to Chapter 2 of that Act. 21
(3) The Premier may, from time to time, appoint a person to act in the office 22
of Commissioner during the illness or absence of the Commissioner (or 23
during a vacancy in the office of Commissioner) and a person, while so 24
acting, has all the functions of the Commissioner. 25
(4) The Premier may, at any time, remove a person from the office of acting 26
Commissioner. 27
(5) The acting Commissioner is entitled to be paid such remuneration 28
(including travelling and subsistence allowances) as the Premier may 29
from time to time determine. 30
6 Ministerial control 31
The Commission is subject to the control and direction of the Premier, 32
except in relation to the contents of any advice, report or 33
recommendation given to the Premier or any other person or body. 34
Page 3
Clause 7 NSW Jobs Commission Bill 2012
Part 2 NSW Jobs Commission
7 Functions of Commission 1
(1) The Commission has the following functions: 2
(a) to conduct inquiries into communities and industries that have 3
been affected by job losses and to make recommendations to the 4
Government to enhance economic opportunities in these areas, 5
(b) to identify issues affecting jobs growth and retention and to make 6
recommendations to the Premier regarding such issues, 7
(c) to evaluate regional development funding initiatives and to make 8
recommendations as to where such funding should be distributed, 9
(d) to undertake regional impact studies on any proposal to remove 10
or relocate public sector jobs, services or operations, 11
(e) to identify skills shortages in industry sectors and regional 12
communities and to make recommendations to the Premier to 13
address these shortages, 14
(f) to conduct inquiries into such matters as the Premier considers 15
appropriate, 16
(g) to prepare an annual report for tabling in Parliament in relation to 17
the results of its inquiries, 18
(h) such other functions as are conferred or imposed on it by or under 19
any other Act or law. 20
(2) A report under subsection (1) (g) is to be included in the annual report 21
of the Commission required under the Annual Reports (Statutory 22
Bodies) Act 1984. 23
8 Delegation of Commission's functions 24
(1) The Commission may delegate to the Commissioner any of the 25
functions of the Commission (other than this power of delegation). 26
(2) The Commissioner may sub-delegate to a member of staff of the 27
Commission any function delegated by the Commission if the 28
Commissioner is authorised in writing to do so by the Commission. 29
9 Staff of Commission 30
(1) The Commission may arrange for the use of the services of any staff 31
(whether by way of secondment or otherwise) or of any facilities of any 32
government agency or public or local authority to enable the 33
Commission to exercise its functions. 34
(2) The Commission cannot employ any staff. 35
Note. Staff may be employed under Chapter 1A of the Public Sector 36
Employment and Management Act 2002 in the Government Service to enable 37
the Commission to exercise its functions. Under section 4K of that Act a 38
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NSW Jobs Commission Bill 2012 Clause 9
NSW Jobs Commission Part 2
reference in this Act to a member of staff of the Commission is a reference to 1
staff so employed or to persons of whose services the Commission makes use. 2
Page 5
Clause 10 NSW Jobs Commission Bill 2012
Part 3 Miscellaneous
Part 3 Miscellaneous 1
10 Personal liability 2
A matter or thing done or omitted to be done by: 3
(a) the Commission, or 4
(b) a member of the Commission, or 5
(c) a person acting under the direction of the Commission, 6
does not, if the matter or thing was done or omitted to be done in good 7
faith for the purposes of executing this Act, subject the member or 8
person so acting personally to any action, liability, claim or demand. 9
11 Regulations 10
The Governor may make regulations, not inconsistent with this Act, for 11
or with respect to any matter that by this Act is required or permitted to 12
be prescribed or that is necessary or convenient to be prescribed for 13
carrying out or giving effect to this Act. 14
12 Review of Commission's functions 15
(1) The Premier is to conduct a review of the effectiveness with which the 16
Commission exercises its functions. 17
(2) The review is to be undertaken as soon as possible after the period of 18
5 years from the commencement of this Act. 19
(3) The Premier is to cause a report of the results of the review to be tabled 20
in each House of Parliament within 12 months after the end of the period 21
of 5 years. 22
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NSW Jobs Commission Bill 2012
Members and procedure of Commission Schedule 1
Schedule 1 Members and procedure of Commission 1
Part 1 Preliminary 2
1 Definition 3
In this Schedule: 4
member means the Commissioner or a part-time member. 5
Part 2 Provisions relating to members 6
2 Terms of office of part-time members 7
Subject to this Schedule, a part-time member holds office for such 8
period (not exceeding 5 years) as is specified in the member's 9
instrument of appointment, but is eligible (if otherwise qualified) for 10
re-appointment. 11
3 Remuneration of part-time members 12
A part-time member is entitled to be paid such remuneration (including 13
travelling and subsistence allowances) as the Premier may from time to 14
time determine in respect of the member. 15
4 Deputies of part-time members 16
(1) The Premier may, from time to time, appoint a person to be the deputy 17
of a part-time member and may revoke any such appointment. 18
(2) In the absence of a part-time member, the member's deputy may, if 19
available, act in the place of the member. 20
(3) While acting in the place of a part-time member, a person has all the 21
functions of the member and is taken to be a member. 22
(4) For the purposes of this clause, a vacancy in the office of a part-time 23
member is taken to be an absence of the part-time member. 24
5 Vacancy in office of part-time member 25
(1) The office of a part-time member becomes vacant if the member: 26
(a) dies, or 27
(b) completes a term of office and is not re-appointed, or 28
(c) resigns the office by instrument in writing addressed to the 29
Premier, or 30
(d) is removed from office by the Premier under this clause, or 31
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NSW Jobs Commission Bill 2012
Schedule 1 Members and procedure of Commission
(e) is absent from 3 consecutive meetings of the Commission of 1
which reasonable notice has been given to the member personally 2
or by post, except on leave granted by the Premier or unless the 3
member is excused by the Premier for having been absent from 4
those meetings, or 5
(f) becomes bankrupt, applies to take the benefit of any law for the 6
relief of bankrupt or insolvent debtors, compounds with his or her 7
creditors or makes an assignment of his or her remuneration for 8
their benefit, or 9
(g) becomes a mentally incapacitated person, or 10
(h) is convicted in New South Wales of an offence that is punishable 11
by imprisonment for 12 months or more or is convicted 12
elsewhere than in New South Wales of an offence that, if 13
committed in New South Wales, would be an offence so 14
punishable. 15
(2) The Premier may remove a part-time member from office at any time. 16
6 Filling of vacancy in office of part-time member 17
If the office of any part-time member becomes vacant, a person is, 18
subject to this Act, to be appointed to fill the vacancy. 19
7 Disclosure of pecuniary interests 20
(1) If: 21
(a) a member has a direct or indirect pecuniary interest in a matter 22
being considered or about to be considered at a meeting of the 23
Commission, and 24
(b) the interest appears to raise a conflict with the proper 25
performance of the member's duties in relation to the 26
consideration of the matter, 27
the member must, as soon as possible after the relevant facts have come 28
to the member's knowledge, disclose the nature of the interest at a 29
meeting of the Commission. 30
(2) A disclosure by a member at a meeting of the Commission that the 31
member: 32
(a) is a member, or is in the employment, of a specified company or 33
other body, or 34
(b) is a partner, or is in the employment, of a specified person, or 35
(c) has some other specified interest relating to a specified company 36
or other body or to a specified person, 37
is a sufficient disclosure of the nature of the interest in any matter 38
relating to that company or other body or to that person which may arise 39
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NSW Jobs Commission Bill 2012
Members and procedure of Commission Schedule 1
after the date of the disclosure and which is required to be disclosed 1
under subclause (1). 2
(3) Particulars of any disclosure made under this clause must be recorded 3
by the Commission in a book kept for the purpose and that book must 4
be open at all reasonable hours to inspection by any person on payment 5
of the fee determined by the Commission. 6
(4) After a member has disclosed the nature of an interest in any matter, the 7
member must not, unless the Premier or the Commission otherwise 8
determines: 9
(a) be present during any deliberation of the Commission with 10
respect to the matter, or 11
(b) take part in any decision of the Commission with respect to the 12
matter. 13
(5) For the purposes of the making of a determination by the Commission 14
under subclause (4), a member who has a direct or indirect pecuniary 15
interest in a matter to which the disclosure relates must not: 16
(a) be present during any deliberation of the Commission for the 17
purpose of making the determination, or 18
(b) take part in the making by the Commission of the determination. 19
(6) A contravention of this clause does not invalidate any decision of the 20
Commission. 21
8 Effect of certain other Acts 22
(1) The Public Sector Employment and Management Act 2002 does not 23
apply to or in respect of the appointment of a part-time member and a 24
part-time member, in the member's capacity as such a member, is not 25
subject to the provisions of that Act. 26
(2) If by or under any Act provision is made: 27
(a) requiring a person who is the holder of a specified office to 28
devote the whole of his or her time to the duties of that office, or 29
(b) prohibiting the person from engaging in employment outside the 30
duties of that office, 31
the provision does not operate to disqualify the person from holding that 32
office and also the office of a part-time member or from accepting and 33
retaining any remuneration payable to the person under this Act as a 34
member. 35
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NSW Jobs Commission Bill 2012
Schedule 1 Members and procedure of Commission
Part 3 Procedure 1
9 General procedure 2
The procedure for the calling of meetings of the Commission and for the 3
conduct of business at those meetings is, subject to this Act and the 4
regulations, to be as determined by the Commission. 5
10 Quorum 6
The quorum for a meeting of the Commission is a majority of its 7
members for the time being. 8
11 Presiding member 9
(1) The Commissioner (or, in the absence of the Commissioner, a person 10
elected by the members of the Commission who are present at a meeting 11
of the Commission) is to preside at a meeting of the Commission. 12
(2) The presiding member has a deliberative vote and, in the event of an 13
equality of votes, has a second or casting vote. 14
12 Voting 15
A decision supported by a majority of the votes cast at a meeting of the 16
Commission at which a quorum is present is the decision of the 17
Commission. 18
13 Transaction of business outside meetings or by telephone 19
(1) The Commission may, if it thinks fit, transact any of its business by the 20
circulation of papers among all the members of the Commission for the 21
time being, and a resolution in writing approved in writing by a majority 22
of those members is taken to be a decision of the Commission. 23
(2) The Commission may, if it thinks fit, transact any of its business at a 24
meeting at which members (or some members) participate by telephone, 25
closed-circuit television or other means, but only if any member who 26
speaks on a matter before the meeting can be heard by the other 27
members. 28
(3) For the purposes of: 29
(a) the approval of a resolution under subclause (1), or 30
(b) a meeting held in accordance with subclause (2), 31
the Commissioner and each member have the same voting rights as they 32
have at an ordinary meeting of the Commission. 33
(4) A resolution approved under subclause (1) is to be recorded in the 34
minutes of the meetings of the Commission. 35
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NSW Jobs Commission Bill 2012
Members and procedure of Commission Schedule 1
(5) Papers may be circulated among the members for the purposes of 1
subclause (1) by facsimile or other transmission of the information in 2
the papers concerned. 3
14 First meeting 4
The Premier may call the first meeting of the Commission in such 5
manner as the Premier thinks fit. 6
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NSW Jobs Commission Bill 2012
Schedule 2 Amendment of Acts
Schedule 2 Amendment of Acts 1
2.1 Public Finance and Audit Act 1983 No 152 2
Schedule 2 Statutory bodies 3
Insert in alphabetical order: 4
NSW Jobs Commission 5
2.2 Public Sector Employment and Management Act 2002 No 43 6
Schedule 2 Executive positions (other than non-statutory SES positions) 7
Insert at the end of Part 3: 8
NSW Jobs Commissioner 9
Page 12
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