Employer functions of heads of agencies (other than Departments)
31 Employer functions of heads of agencies (other than Departments)
The head of a Public Service agency (other than a Department) may, subject to this and any other Act or law, exercise on behalf of the Government of New South Wales the employer functions of the Government in relation to the employees of the agency (other than Public Service senior executives of an agency that is related to a Department).
The employer functions of the Government are all the functions of an employer in respect of employees, including (without limitation) the power to employ persons, to assign their roles and to terminate their employment.
In the exercise of the employer functions referred to in subsection (1), a head of a Public Service agency is not subject to the direction or control of a Minister.
Note.
The Secretary of the relevant Department exercises employer functions in relation to Public Service senior executives of an agency that is related to the Department.
Division 6 confers on the Industrial Relations Secretary employer functions relating to the determination of the conditions of employment of, and other industrial matters relating to, Public Service employees.
This Act’s bill:Explanatory memorandumSecond reading speech
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