New South Wales Consolidated Acts

TRANSPORT ADMINISTRATION ACT 1988 - SECT 88V

88V Temporary staff placement with ARTC (secondments)

(1) A member of staff of a rail authority may apply to be placed temporarily with ARTC and may, with the approval of the chief executive of the rail authority, be temporarily placed with ARTC.

(2) If an agreement for or with respect to the use of members of staff under this Division provides for the temporary placement of members of staff with ARTC, the chief executive of the rail authority may, in accordance with the agreement, direct in writing that members of staff of the rail authority be placed with ARTC.

(3) A temporary placement under subsection (2) takes effect on the day specified in the direction.

(4) A member of staff may be placed with ARTC under this section at the person's existing level of remuneration or at a different level of remuneration. However, a temporary placement cannot be made at a lower level of remuneration, except with the consent of the member of staff.

(5) A temporary placement of a member of staff under this section may be ended at any time by written direction of the chief executive of the rail authority.

(6) A rail authority exercising a power of dismissal of a member of staff who is or has been temporarily placed with ARTC under this Division may take into account and act on the basis of any disciplinary or other action taken or finding made by ARTC.

(7) A rail authority must, in taking into account and acting on the basis of any disciplinary or other action taken by ARTC as referred to in subsection (6), have regard to any matters raised by the member of staff in relation to that action at the time that action was taken.

(8) The Public Service Commissioner may, from time to time, issue guidelines (not inconsistent with this section) for or with respect to the following matters--

(a) the matters to be taken into consideration by the chief executive of a rail authority in respect of the temporary placement of members of staff with ARTC under this section,

(b) requirements relating to the obtaining of consent to placement of members of staff with ARTC at a lower level of remuneration,

(c) the exercise by a rail authority of a power of dismissal of a member of staff as referred to in subsection (6).

(9) A rail authority and the chief executive of a rail authority must have regard to any applicable guidelines issued by the Public Service Commissioner under this section.

(10) In this Division--

"temporary member of staff of ARTC" means a member of staff of a rail authority who is temporarily placed with ARTC under this Division.

"transferring rail authority" means the rail authority from which a temporary member of staff of ARTC is temporarily placed with ARTC under this Division.