Australian Capital Territory Numbered Acts

PUBLIC SECTOR MANAGEMENT AMENDMENT ACT 2005 (NO 2) (NO. 44 OF 2005) - SECT 8

after section 28, insert

28AA     Chief executives—contract variation

    (1)     A contract under section 28 may be varied at any time by a written agreement between the parties.

Note     If a person engaged by a contract under s 28 is transferred or assigned under s 33A, the person's contract is taken to be varied by the transfer or assignment (see s 33A (4)).

    (2)     However, a variation of a contract under section 28 that would do either or both of the following is void:

        (a)     extend the period of employment under the contract—

              (i)     to longer than 5 years, unless the contract as varied requires the person employed to be on leave for the period of employment that exceeds 5 years; or

              (ii)     to longer than 5 years and 3 months, whether or not the contract as varied requires the person employed to be on leave for the period of employment that exceeds 5 years;

        (b)     increase the rate at which remuneration or an allowance is payable to the person employed otherwise than in accordance with the management standards.

    (3)     This section, and section 28 as amended by the Public Sector Management Amendment Act 2005 (No 2) , section 7, apply in relation to a contract under section 28 whether the contract was entered into before or after the day this section commences.

    (4)     Subsection (3) and this subsection expire 1 year after the day this section commences.