Government Sector Employment Act 2013

A person who was employed in the Government Service of New South Wales immediately before the repeal of the former Act is, on that repeal, taken to be employed in the Public Service of New South Wales in the same kind of employment. For that purpose, employment (other than for a term) in an officer’s position or in a permanent position is the same kind of employment as ongoing employment.

Subclause (1) does not apply to any persons employed in the Government Service of New South Wales who are, on the commencement of this Act, transferred to the Transport Service of New South Wales by an administrative arrangements order under the Constitution Act 1902. Division 4 of Part 7 of the Transport Administration Act 1988 applies to any such transferred staff as if they had been transferred by an order under that Division.

The application of the provisions of this Act, the regulations and the government sector employment rules to any such person is subject to the provisions of this Schedule.

The repeal of the former Act does not affect the continuity of service of a person taken to be employed in the Public Service under this clause, any accrued rights to leave under the former Act or any accrual of rights to leave under this Act.

A person who is taken to be employed in the Public Service under this clause is taken to be employed in a role or classification of work that corresponds to the kind and grade of work of the person’s position or work on the repeal of the former Act.

The continued employment of a person taken to be employed in the Public Service under this clause who held a Chief or Senior Executive position or a senior officer position (or equivalent position) under the former Act is subject to clauses 6–8.

(Repealed)

This clause does not apply to persons employed under the former Act as special temporary employees.