Government Sector Employment Act 2013

In this clause, former principal Department means a principal Department of the Public Service listed in Division 1 of Part 1 of Schedule 1 to the former Act immediately before the repeal of the former Act.

A person holding office as the head of a former principal Department immediately before the repeal of the former Act continues in office as the Secretary of the corresponding Department under this Act—

for the balance of the person’s term of office under the former Act, or

for the period of 12 months after the commencement of this Act,

A Department under this Act that is declared, by an administrative arrangements order under the Constitution Act 1902, to be the successor and a continuation of a former principal Department is the corresponding Department of that former principal Department for the purposes of this clause. A Department does not cease to be a corresponding Department merely because of a subsequent change in the name of the Department under this Act.

A person who continues in office as Secretary under subclause (2)—

is employed under Division 2 of Part 4 of this Act in term employment in Band 4 under the senior executive bands determination, and

is not required to enter into a contract of employment under this Act for the purposes of that temporary period of continued employment, and

has a remuneration package that is equivalent to the remuneration package of the person immediately before the repeal of the former Act (unless the remuneration package is increased as a result of a determination of the Statutory and Other Offices Remuneration Tribunal made under Part 3A of the Statutory and Other Offices Remuneration Act 1975 or as a result of progression within the applicable remuneration range), and

if the person’s employment is terminated under section 41 of this Act on or after the commencement of this Act, is entitled to the compensation provided under section 78 of the former Act (and is subject to any requirements under that section relating to the refund of that compensation) as if the termination had been a removal of the person from office under the former Act.