Natural Resources Access Regulator Act 2017

In this section—

the Public Service agency in which persons are employed to enable the Regulator to exercise its functions, or

any other Public Service agency in which persons are employed in connection with the administration of the natural resources management legislation.

The Minister may, by order in writing, transfer to the relevant Public Service agency any person who—

is employed by Water NSW, and

is designated by the Minister as a person who—

is required to enable the Regulator to exercise its functions, or

is to exercise enforcement powers under the natural resources management legislation.

A transfer under this section does not require the consent of the transferred employee.

On the day specified in the order, the transferred employee—

ceases to be employed by Water NSW, and

is employed as a Public Service employee under the Government Sector Employment Act 2013 in the relevant Public Service agency specified in the order.

A transferred employee—

retains any rights to annual leave, extended leave, sick leave or other forms of leave accrued or accruing immediately before the transfer, and

is not entitled to receive any payment or other benefit (including in the nature of severance pay or redundancy or other compensation) merely because the person ceases to be employed by Water NSW, and

is not entitled to claim, both under this Act or any other Act or law, dual benefits of the same kind for the same period of service.

Without limiting subsection (5), a transferred employee is not, despite any other provision of this or any other Act or law, entitled to elect, because of the transfer, to be paid the money value of any annual leave or extended leave accrued by the transferred employee.

Water NSW is liable for the cost of any annual leave or extended leave accrued by a transferred employee immediately before the transfer.

Water NSW is taken to be a government sector agency for the purposes of Part 2 of Schedule 2 to the Government Sector Employment Regulation 2014 in respect of the calculation of a transferred employee’s extended leave.