Public Service Act 2020

If you need more information about this Act, please contact the administering agency: Public Service Commission
68 Public service employees: departmental agencies

(1)

In relation to employees of a host department who perform the functions or duties or exercise the powers of a departmental agency, the chief executive of the host department is treated as—

(a)

having delegated to the chief executive of the departmental agency the rights, duties, and powers described in the following provisions:

(i)

section 66(a) and (b) (power to appoint and remove employees); and

(ii)

section 77(a) and (c) (personal grievances and certain other employment relationship problems); and

(iii)

section 72 (appointments on merit); and

(iv)

section 86 (power to transfer employees); and

(v)

section 88 (other restrictions of redundancy payments); and

(vi)

section 89 (certain provisions not to apply in relation to transfer or offer of alternative position); and

(vii)

clause 1 of Schedule 8 (obligation to notify vacancies); and

(viii)

clause 2 of Schedule 8 (acting appointments); and

(ix)

clause 3 of Schedule 8 (evidence of appointments); and

(x)

clause 4 of Schedule 8 (obligation to notify appointments); and

(xi)

clause 6 of Schedule 8 (medical examinations); and

(xii)

clause 7 of Schedule 8 (application of collective agreements to employees following reorganisations); and

(xiii)

clauses 8 to 11 of Schedule 8 (application of employee provisions to transfers of functions between Crown entities and public service agencies); and

(b)

not having those rights, duties, and powers in relation to those employees.

(2)

The chief executive of a departmental agency has the rights and duties and may exercise the powers referred to in subsection (1) in the same manner, subject to the same restrictions, and with the same effect as if they had been conferred on that chief executive directly by this Act.

Compare: 1988 No 20 s 59(2), (3)