Transport Administration (Staff) Regulation 2022

This Regulation is the Transport Administration (Staff) Regulation 2022.

This Regulation commences on 1 September 2022.

Note—

This Regulation replaces the Transport Administration (Staff) Regulation 2012 which is repealed on 1 September 2022 by the Subordinate Legislation Act 1989, section 10(2).

The Dictionary in Schedule 1 defines words used in this Regulation.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

A transport corporation may take disciplinary proceedings against a transport corporation officer who is convicted of a serious criminal offence.

If a transport corporation takes disciplinary proceedings against a transport corporation officer, the transport corporation must give the officer written notice of the particulars of the alleged behaviour giving rise to the proceedings.

A formal hearing is not required to be held before the person or body investigating the alleged behaviour, but the transport corporation officer may make representations to that person or body.

A transport corporation officer may, pending the taking or determination of disciplinary proceedings against the officer, be temporarily suspended from duty by—

the transport corporation, or

a transport corporation officer who is senior in position, rank or grade.

The transport corporation may end the suspension at any time.

A transport corporation may withhold the payment of salary to a transport corporation officer while the officer is suspended from duty under this section.

A transport corporation may impose the following punishments in disciplinary proceedings against a transport corporation officer—

a caution or reprimand,

a fine of an amount not exceeding $100,

reduction in position, rank or grade and pay,

suspension from duty without pay,

dismissal.

Instead of dismissing a transport corporation officer, the transport corporation may allow the officer to resign.

This section does not limit other action that may be taken under another law by a transport corporation in relation to an officer in disciplinary proceedings.

This Division does not require the taking of disciplinary proceedings for a transport corporation to dispense with the services of—

a transport corporation officer, or

another employee of the transport corporation.

A transport corporation officer may apply for a review of a reviewable appointment by a transport corporation if—

the transport corporation officer was an unsuccessful applicant for the vacant position, and

an appointment to the vacant position would be a promotion for the transport corporation officer.

A transport corporation officer must apply for a review of a reviewable appointment by a transport corporation within 5 days of the transport corporation notifying the appointment, as the case requires—

to the unsuccessful applicant, or

in a notice circulated among officers seeking promotion.

The only ground on which a transport corporation officer may apply for a review of a reviewable appointment by a transport corporation is denial of procedural fairness.

An appointment to a vacant position is a reviewable appointment if—

the position is advertised, and

the person appointed to the position is, immediately before the appointment, a transport corporation officer, and

the appointment is to a position as—

a Sydney Trains officer or NSW Trains officer with a maximum salary that is below the minimum salary for a position graded RC Grade 5 at the time of advertising the position, or

a Sydney Ferries officer with a maximum salary that is below the minimum salary for the position of senior officer, band A, at the time of advertising the position.

A transport corporation officer must not, except with the permission of the transport corporation, do the following outside the officer’s position—

hold a paid office,

engage in paid employment,

carry on a business,

engage in the private practice of a profession.

The transport corporation may, by written notice given to the transport corporation officer, withdraw the permission at any time.

For this section, a transport corporation officer is taken to hold a paid office, or to engage in paid employment, even if the officer—

does not accept payments to which the officer is entitled for the officer’s services, or

accepts only an honorarium or allowance for the officer’s services.

A transport corporation officer who contravenes this section is taken to be guilty of misconduct for the purposes of disciplinary proceedings.

This section only applies to officers of the following transport corporations—

Sydney Trains,

NSW Trains.

A transport corporation officer, or another employee of a transport corporation, whose employment is terminated or suspended must, on the last day of the person’s duty before the termination or suspension, return property belonging to the transport corporation that is in the person’s possession at that time.

This section only applies to officers or other employees of the following transport corporations—

Sydney Trains,

NSW Trains.

In this section—

termination means resignation, retirement, dismissal, retrenchment or other cessation of employment, and includes unauthorised absence from duty.

If a Transport Service employee is convicted of a serious criminal offence, the Transport Secretary may—

take disciplinary action in relation to the employee, or

take remedial action in relation to the employee.