Government Sector Employment Act 2013

This section applies in relation to a person whose employment as a senior executive has been terminated by the person’s employer (the former employer).

If the Commissioner is satisfied that—

the termination of the person’s employment constituted a detrimental action offence within the meaning of the Public Interest Disclosures Act 2022, and

the person wishes to be reinstated or otherwise re-employed as a senior executive,

If reinstatement to the person’s former role is considered to be impracticable, the person may be re-employed (whether in the same government sector agency in which the former role was located or in another government sector agency) in some other similar or appropriate role—

that is within the same band (or, in the case of a senior executive who is not employed in a band, within the same level of work) as the former role, and

that has a level of remuneration no less than the remuneration payable to the person in the former role.

The Commissioner may give a direction under section 13 to the head of a government sector agency that a person be reinstated or re-employed under this section. In the case where the person’s employer is the Minister, the Commissioner may make a recommendation to the Minister that the person be reinstated or re-employed under this section.

If a person is reinstated or re-employed under this section, the person is entitled to such salary and other employment benefits as if the person had continued to be employed during the period following the termination of employment. However any such entitlement is subject to the repayment of any compensation or other amount paid to the person on the termination of employment.

The reinstatement or re-employment of a person under this section is not subject to the provisions of the government sector employment rules relating to the recruitment of employees.

The re-employment of a person under this section in a role other than the person’s former role is not for any purpose to be regarded as a continuation of the reprisal action that resulted in the person’s employment being terminated.

If a person to whom this section applies—

was, immediately before his or her termination of employment, a transitional former senior executive within the meaning of clause 8 of Schedule 4, and

is subsequently reinstated under this section to the person’s former role,

In this section—

a Public Service senior executive,

a health executive within the meaning of Part 3 of Chapter 9 of the Health Services Act 1997 or a NSW Health Service senior executive to whom that Part (as substituted by the amending Act) applies,

an executive officer within the meaning of Part 5 of the Police Act 1990 or a NSW Police Force senior executive to whom that Part (as substituted by the amending Act) applies,

an executive officer within the meaning of section 68G of the Transport Administration Act 1988 (as in force before its repeal by the amending Act) or a Transport Service senior executive or senior manager to whom Part 7A of the Transport Administration Act 1988 (as substituted by the amending Act) applies.