New South Wales Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[Help]
GOVERNMENT SECTOR EMPLOYMENT ACT 2013 - SECT 28
Heads of agencies other than Departments
(1) The head of a Public Service agency (other than a Department) is the
holder of the office specified in Part 2 or 3 of Schedule 1 in relation to the
agency concerned.
(2) The Secretary of a Department may be specified as the
head of any other Public Service agency and the same person may be specified
as the head of more than one agency.
(3) An administrative arrangements order
under Part 7 of the Constitution Act 1902 may amend Schedule 1 to specify or
change the head of a Public Service agency (other than a Department).
(4) The
office of head of a Public Service agency (other than a Department) is
established by this section, unless it is a statutory office created by
another provision of this Act or by any other Act. Note : The statutory
offices established by another provision of this Act or by any other Act are
identified in Part 2 or 3 of Schedule 1. Accordingly, the following provisions
of this section do not apply to any such head of an agency.
(5) If the
description of an office established by this section is omitted or changed by
an amendment of Schedule 1, the office is taken to be abolished or its name
correspondingly changed by the operation of this section.
(6) Appointments to
an office of head established by this section are, subject to subsection (6A),
to be made-- (a) in the case of a Public Service executive agency related to a
Department--by the Secretary of the Department, or
(b) in the case of a
separate Public Service agency--by the Minister.
(6A) If Schedule 1 provides
that some other person exercises the employer functions of the Government of
New South Wales in relation to the head-- (a) appointments to the office of
the head are to be made by that other person, and
(b) that other person may
delegate to an authorised person any of those employer functions (other than
the power to appoint a person to the office of head of the agency concerned or
to terminate the office holder's employment).
For the purposes of this
subsection,
"authorised person" means the holder of a statutory office, a person employed
in the government sector or a person authorised by the regulations.
(7) The
appointment of a person to an office of head established by this section is to
be made by a contract of employment (under Division 4) between that person and
the person who makes the appointment. The person so appointed is a
Public Service employee who is employed in the Public Service agency
concerned.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback