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GOVERNMENT SECTOR EMPLOYMENT ACT 2013 - SECT 83A
Reinstatement of certain senior executives whose employment has been terminated
83A Reinstatement of certain senior executives whose employment has been
terminated
(1) This section applies in relation to a person whose employment as a
senior executive has been terminated by the person's employer (the
"former employer" ).
(2) If the Commissioner is satisfied that-- (a) the
termination of the person's employment constituted a detrimental action
offence within the meaning of the Public Interest Disclosures Act 2022 , and
(b) the person wishes to be reinstated or otherwise re-employed as a
senior executive,
the person may be reinstated by the former employer to the
role assigned to the person immediately before the termination of employment
(the
"former role" ).
(3) If reinstatement to the person's former role is
considered to be impracticable, the person may be re-employed (whether in the
same government sector agency in which the former role was located or in
another government sector agency) in some other similar or appropriate role--
(a) that is within the same band (or, in the case of a senior executive who is
not employed in a band, within the same level of work) as the former role, and
(b) that has a level of remuneration no less than the remuneration payable to
the person in the former role.
(4) The Commissioner may give a direction
under section 13 to the head of a government sector agency that a person be
reinstated or re-employed under this section. In the case where the person's
employer is the Minister, the Commissioner may make a recommendation to the
Minister that the person be reinstated or re-employed under this section. Note
: Section 13(2) requires the Commissioner to consult the agency head before
giving any such direction.
(5) If a person is reinstated or re-employed under
this section, the person is entitled to such salary and other employment
benefits as if the person had continued to be employed during the period
following the termination of employment. However any such entitlement is
subject to the repayment of any compensation or other amount paid to the
person on the termination of employment.
(6) The reinstatement or
re-employment of a person under this section is not subject to the provisions
of the government sector employment rules relating to the recruitment of
employees.
(7) The re-employment of a person under this section in a role
other than the person's former role is not for any purpose to be regarded as a
continuation of the reprisal action that resulted in the person's employment
being terminated.
(8) If a person to whom this section applies-- (a) was,
immediately before his or her termination of employment, a transitional former
senior executive within the meaning of clause 8 of Schedule 4, and
(b) is
subsequently reinstated under this section to the person's former role,
the
person is to be reinstated as a transitional former senior executive if the
implementation date (as referred to in that clause) for the agency (or part of
the agency) in which the person is reinstated has not occurred at the time of
the reinstatement.
(9) In this section--
"amending Act" means the Government Sector Employment Legislation Amendment
Act 2016 .
"role" includes office or position and
"assigned" , in the case where the person concerned has been appointed to an
office or a position, includes held by the person.
"senior executive" means any of the following-- (a) a
Public Service senior executive,
(b) a health executive within the meaning of
Part 3 of Chapter 9 of the Health Services Act 1997 or a NSW Health Service
senior executive to whom that Part (as substituted by the amending Act)
applies,
(c) an executive officer within the meaning of Part 5 of the
Police Act 1990 or a NSW Police Force senior executive to whom that Part (as
substituted by the amending Act) applies,
(d) an executive officer within the
meaning of section 68G of the Transport Administration Act 1988 (as in force
before its repeal by the amending Act) or a Transport Service senior executive
or senior manager to whom Part 7A of the Transport Administration Act 1988
(as substituted by the amending Act) applies.
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