Police Act 1990

Until the implementation date for a transitional administrative SES executive, the new senior executive provisions apply to the executive subject to the following—

the executive is taken to be employed in the band under the Public Service senior executive bands determination that the Commissioner considers appropriate for the role of the executive,

the term for which the executive is taken to be so employed is (subject to this clause)—

the balance of the person’s term of office as a transitional administrative SES executive, and

any additional period before the implementation date that the Commissioner may approve,

the executive is not required to enter into a contract of employment under the new senior executive provisions for the purposes of that period of continued employment,

the executive has a remuneration package that is equivalent to the remuneration package of the person under the former senior executive provisions even if it exceeds the band in which the executive is employed,

if the executive’s employment is terminated under section 40 of this Act (as inserted by the amending Act), the executive is entitled to the compensation provided under the former senior executive provisions (and is subject to any requirements under those provisions relating to the refund of that compensation) as if the termination had been a removal of the executive from office under the former senior executive provisions.

The following provisions apply in relation to a person who is a transitional administrative SO executive until the person’s implementation date—

the person is employed under Part 6A of this Act (as substituted by the amending Act) in ongoing employment,

the person is not employed in a band under the senior executive bands determination,

the conditions of employment applying to the person immediately before the commencement of this clause continue to apply to the person, subject to this clause,

if the person’s employment is terminated under section 81E of this Act (as inserted by the amending Act), the person is entitled to the compensation that the person would have received had the person’s employment been terminated immediately before the commencement of this clause.

If a transitional administrative senior executive is assigned to a different role in the NSW Police Force—

the person does not cease to be a transitional administrative senior executive, and

the remuneration package of the transitional administrative senior executive is, despite subclause (1) (d) and subject to section 36 (7) of this Act, the remuneration package for the role to which the executive has been so assigned.

On the implementation date for a transitional administrative senior executive—

the person ceases to be a transitional administrative senior executive, and

the employment of the person in the NSW Police Force is terminated unless the person is employed in the NSW Police Force on and from the implementation date in accordance with this Act (whether as a NSW Police Force senior executive or as a non-executive administrative employee, and whether following recruitment action or, in the case of a transitional administrative SO executive, following redeployment as an excess employee), and

any such termination of the employment of a person who was a transitional administrative SES executive is taken to be a termination under section 40 of this Act to which subclause (1) (e) applies, and

any such termination of the employment of a person who was a transitional administrative SO executive is taken to be a termination under section 81E of this Act to which this Act (including the conditions of employment preserved by this clause) applies, and

section 42 of this Act applies to any such termination of employment of a person (whether an existing administrative SES executive or an existing administrative SO executive) on the basis that the person is an executive employee for the purposes of that section.

The following applies to the creation of a role within the new senior executive structure of the NSW Police Force (to the extent that it relates to administrative employees) and to the initial recruitment action under this Act to fill that role—

the work level and other employment arrangements relating to a new role within that new structure are to be determined under this Act and are not determined by the work level and other arrangements that applied to roles in the former executive structure of the NSW Police Force,

transitional administrative senior executives may be recruited to any such new role before or at the end of the period of their continued employment as transitional administrative senior executives,

the initial recruitment action to fill any such role is to be limited to the following candidates (having regard to the type and level of the role and any other relevant matter)—

any transitional administrative senior executives who occupy a similar role in the NSW Police Force,

any NSW Police Force senior executives employed in a similar role after the substitution of Part 5 of this Act by the amending Act,

any other persons employed in the NSW Police Force whom the Commissioner considers appropriate.

Initial recruitment action to fill a role within the new senior executive structure of the NSW Police Force Public Service agency (to the extent that it relates to administrative employees) is not required to be limited as referred to in subclause (5) (c) if—

there are no candidates of the kind referred to in subclause (5) (c) (i) or (ii) for the recruitment action concerned, or

the role is not similar to any role in the former executive structure of the NSW Police Force.

If a transitional administrative senior executive is temporarily assigned to work outside the NSW Police Force—

the person does not cease to be a transitional administrative senior executive, and the implementation date for the executive does not change, because of that temporary assignment, and

the person retains his or her eligibility under subclause (5) as a candidate for initial recruitment action in the NSW Police Force, and

the person is also eligible under subclause (5) as a candidate for initial recruitment action in relation to a similar role in the other government sector agency to which the person is temporarily assigned.