New South Wales Consolidated Acts

TRANSPORT ADMINISTRATION ACT 1988 - SECT 68C

68C Employment in the Transport Service

(1) The Government of New South Wales may employ persons in the Transport Service to enable the following bodies (and their public subsidiary corporations) to exercise their functions--

(a) TfNSW,

(b) State Transit Authority,

(c) TAM,

(d) Sydney Metro.

Note : Section 68Q (10) provides that the persons so employed may be referred to as officers or employees, or members of staff, of the body or corporation concerned. Section 47A of the Constitution Act 1902 precludes TfNSW and the State Transit Authority (and any of their public subsidiary corporations) from employing staff.

(2) The Government of New South Wales may also employ persons in the Transport Service to enable Sydney Metro, Sydney Trains, NSW Trains or RTC (or a public subsidiary corporation of Sydney Metro, Sydney Trains, NSW Trains or RTC) to exercise their functions.

Note : NSW Trains and Sydney Trains also have the power to employ staff separately (see sections 64A and 64D for Sydney Trains and NSW Trains, respectively). Staff employed by Sydney Trains and NSW Trains are not employed in the Transport Service.

(3) The Transport Secretary may, subject to this and any other Act or law, exercise on behalf of the Government of New South Wales the employer functions of the Government in relation to the persons employed in the Transport Service.

(4) The employer functions of the Government are all the functions of an employer in respect of employees, including (without limitation) the power to employ persons, to assign them to roles and to terminate their employment.