New South Wales Consolidated Acts

GOVERNMENT SECTOR AUDIT ACT 1983 - SECT 33F

33F Executive officers

(1) In this section--

"employment" of an executive officer means--

(a) the appointment of, or failure to appoint, a person to a vacant executive position, or

(b) the removal, retirement, termination of employment or other cessation of office of the executive officer, or

(c) any disciplinary proceedings or disciplinary action taken against the executive officer, or

(d) the remuneration or conditions of employment of the executive officer.

"executive officer" means a person holding an executive position.

"executive position" means a position in the Audit Office that--

(a) has a salary greater than the maximum salary applicable to a grade 12 clerk's position in the Public Service, and

(b) is designated by the Auditor-General as an executive position.

(2) The contract of employment of an executive officer may provide for the payment of compensation to the officer on the removal or termination of employment of the executive officer.

(3) The Auditor-General may remove an executive officer from an executive position at any time for any or no reason and without notice. The person is not, except as may be provided in the person's contract of employment, entitled to any compensation for the removal from office.

(4) The employment of an executive officer, or any matter, question or dispute relating to any such employment, is not an industrial matter for the purposes of the Industrial Relations Act 1996 . This subsection applies whether or not any person has been appointed to a vacant executive position.

(5) Part 6 (Unfair dismissals), Part 7 (Public sector promotion and disciplinary appeals) and Part 9 (Unfair contracts) of Chapter 2 of the Industrial Relations Act 1996 do not apply to or in respect of the employment of an executive officer.

(6) Any State industrial instrument (whether made before or after the commencement of this section) does not have effect in so far as it relates to the employment of executive officers.

(7) Subsection (6) does not prevent the Auditor-General from applying the provisions of an award or industrial agreement (including a determination under section 33C) to the employment of an executive officer.

(9) No proceedings for an order in the nature of prohibition, certiorari or mandamus or for a declaration or injunction or for any other relief, lie in respect of the appointment of or failure to appoint a person to an executive position, the entitlement or non-entitlement of a person to be so appointed or the validity or invalidity of any such appointment.

(10) This section prevails over any inconsistent provision of any other Act or law or of the terms of appointment of, or contract of employment with, an executive officer.