Government Sector Employment Act 2013

This clause applies to the following statutory officers whose employment was, immediately before the repeal of the former Act, subject to Part 3.1 of Chapter 3 of the former Act—

President of the Board of Studies, Teaching and Educational Standards,

Children’s Guardian,

Commissioner for the Commission for Children and Young People,

Registrar of Community Housing appointed under section 10 of the Community Housing Providers (Adoption of National Law) Act 2012,

Chief Executive Officer of Destination NSW,

chief executive of a development corporation appointed under section 6B of the Growth Centres (Development Corporations) Act 1974,

Chairperson of the Environment Protection Authority,

Commissioner of the Health Care Complaints Commission,

Chief Executive of the Independent Transport Safety Regulator,

Chief Executive of the Internal Audit Bureau,

Chief Executive Officer of the Legal Aid Commission,

Legal Services Commissioner,

chief executive of a major event authority constituted under the Major Events Act 2009,

Managing Director of the New South Wales Government Telecommunications Authority,

Chief Executive Officer of the NSW Trustee and Guardian,

Deputy or Assistant Ombudsman,

Chief Executive of the Rural Assistance Authority,

Commissioner of the Soil Conservation Service,

Chief Executive of the Sydney Catchment Authority,

Managing Director of the TAFE Commission,

Chief Investigator of the Office of Transport Safety Investigations,

Director of the Zoological Parks Board.

On the repeal of the former Act, the employment of a statutory officer to whom this clause applies is subject to Division 4 of Part 4 of this Act and this clause.

Any such statutory officer—

is employed in the band under the senior executive bands determination that includes the remuneration package to which the officer continues to be entitled under this subclause, and

is not required to enter into a contract of employment under this Act, and

has a remuneration package that is equivalent to the remuneration package of the officer 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 officer’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 as if the termination had been a removal of the statutory officer from office under the former Act, and

cannot be removed from office (or otherwise have the officer’s employment terminated) on a ground other than a ground on which the officer could have been removed from office immediately before the repeal of the former Act, and

is to be included in any initial recruitment action referred to in clause 8(5) to fill a role that replaces the statutory office of the officer or that is a similar role.