Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts20. Division 4 of Part V of the Principal Act is repealed and the following Division substituted:
“72. (1) A person may be engaged by a contract under this section to perform the duties of an Executive office.
“(2) The parties to a contract under this section are the Territory and the person to be engaged.
“(3) A contract under this section shall—
(a) be in writing;
(b) be signed by or on behalf of each party;
(c) specify the day on which the person engaged is to commence to perform the duties of the office; and
(d) specify a day on which the period of employment is to end, being a day that is not more than 5 years after the day specified in accordance with paragraph (c).
“(4) Subject to this Act, the employment of a person engaged under this section shall be governed by the contract by which he or she is engaged.
“(5) Subject to subsections (6) and (7), a contract under this section may be varied at any time by an agreement in writing between the parties.
“(6) A variation of a contract under this section that would—
(a) extend the period of employment provided for by the contract to more than 5 years and 2 months; or
(b) increase the rate at which remuneration or an allowance is payable to the person employed;
is void.
“(7) A contract under this section may only be varied to extend the period of employment provided for by the contract to more than 5 years if the contract as varied will require the person employed to be absent from duty on leave for so much of the period of employment as exceeds 5 years.
“73. (1) A contract under section 72 may provide for termination of the employment of the person employed before the expiration of the period of employment specified in the contract.
“(2) A contract under section 72 that contains a provision of the kind referred to in subsection (1) shall specify the grounds on which the contract may be terminated under that provision.
“(3) The grounds specified pursuant to subsection (2) shall not include—
(a) the ground that the person employed under the contract is incompatible with another person; or
(b) any ground to the same effect.
“(4) Where a contract is terminated in accordance with a provision of the kind referred to in subsection (1), no benefit is payable in respect of the termination other than the benefit, if any, prescribed for the purposes of this subsection.
“(5) Where an Executive—
(a) is employed under a contract under section 72;
(b) is an eligible employee for the purposes of the Superannuation Act 1976 of the Commonwealth; and
(c) has not reached his or her maximum retiring age within the meaning of that Act;
the employment of the Executive under that contract is not capable of being terminated on the ground of invalidity within the meaning of Part IVA of that Act unless the Commonwealth Superannuation Board of Trustees No. 2 has given a certificate under section 54C of that Act.
“(6) Where an Executive—
(a) is employed under a contract under section 72;
(b) is a member of the superannuation scheme established by deed under the Superannuation Act 1990 of the Commonwealth; and
(c) is under 60 years of age;
the employment of the Executive under that contract is not capable of being terminated on the ground of invalidity within the meaning of that Act unless the Commonwealth Superannuation Board of Trustees No. 1 has given a certificate under section 13 of that Act.
“74. Nothing in a contract under section 72 shall be taken to derogate in any way from the responsibility of the Minister administering an administrative unit for—
(a) the policies developed or applied by the administrative unit; or
(b) the financial and other performance of the administrative unit.
“75. Subsections 65 (1), (3) and (4) do not apply in relation to a second or subsequent engagement of a person to perform the duties of the same Executive office, or an Executive office with similar duties, if—
(a) the period of the second or subsequent engagement is to commence immediately upon the expiration of the period of the preceding engagement; and
(b) the administering Chief Executive has certified in writing that he or she is satisfied that it would be in the interests of the Service for the person to be re-engaged to perform those duties.
“76. (1) Where—
(a) a person employed to perform the duties of an Executive office is absent from duty or is, for any other reason unable to perform the duties of that office; or
(b) no person is employed to perform the duties of such an office;
an Executive, an officer or another person may be engaged by a contract under this section to temporarily perform the duties of that office.
“(2) The parties to a contract under this section shall be the Territory and the person engaged.
“(3) A contract under this section shall—
(a) be in writing;
(b) specify the period during which the person engaged is to perform the duties of the office; and
(c) be signed by or on behalf of each party.
“(4) The period specified pursuant to paragraph (3) (b) shall not exceed 6 months.
“(5) Subject to this Act, the employment of a person engaged under this section shall be governed by the contract by which he or she is engaged.
“(6) Where a contract under this section is made with an Executive, the contract may vary the terms and conditions of the current contract with the Executive under section 72.
“(7) Where a contract under this section is made with an officer, the contract may vary the terms and conditions of employment that would otherwise be applicable to the officer under this Act.
“(8) A contract under this section may be terminated at any time by one party giving notice in writing to the other party.
“(9) A person is not entitled to any compensation for the termination of a contract under subsection (8).
“(10) Subject to subsection (11), a contract under this section may be varied at any time by an agreement in writing between the parties.
“(11) A variation of a contract under this section that extends the period of employment of the person engaged to more than 9 months is void.
“(12) Subsections 65 (1), (3) and (4) do not apply in relation to the engagement of a person under this section.
“77. (1) A person shall not be engaged under section 72 or 76 to perform the duties of the office of Chief Executive Officer, Calvary Hospital unless Calvary Hospital A.C.T. Incorporated has, by writing, consented to that engagement.
“(2) A contract under section 72 or 76 by which a person is employed to perform the duties of the office of Chief Executive Officer, Calvary Hospital shall not be varied unless Calvary Hospital A.C.T. Incorporated has, by writing, consented to the variation.
“78. (1) Subject to subsection (2), a contract, or a variation of a contract, under section 72 or 76 shall be executed on behalf of the Territory by the Chief Executive who is, or will become, the relevant Chief Executive of the person engaged.
“(2) A contract under section 72 or 76 to engage a person to perform the duties of the office of Chief Executive Officer, Calvary Hospital, or a variation of such a contract, shall be executed on behalf of the Territory by the administering Chief Executive.
“(3) If an office to which a contract under section 72 or 76 relates, or will relate, is an office in an administrative unit that is under the control of a Chief Executive other than the administering Chief Executive, the Chief Executive of the administrative unit shall, in entering the contract, or negotiating a variation of the contract, have regard to the advice of the administering Chief Executive.
“79. The Chief Minister shall cause a copy of—
(a) each contract made under section 72 or 76; and
(b) each instrument by which such a contract is varied;
to be laid before the Legislative Assembly within 6 sitting days after the day on which the contract or variation is made.
“80. The engagement of a person under section 72 or 76 to perform the duties of an Executive office is not invalid, and shall not be called into question, by reason of a defect or irregularity in connection with the engagement.
“81. The administering Chief Executive shall cause to be notified in the Gazette—
(a) the making of a contract under section 72;
(b) the termination of a contract made under that section; or
(c) the completion of a period of employment provided for by a contract under that section;
within 28 days after the making or termination of the contract, or the completion of the period of employment, as the case may be.”.