South Australian Repealed Acts

This legislation has been repealed.

NATURAL RESOURCES MANAGEMENT ACT 2004 - SECT 34

34—Staff

        (1)         The staffing arrangements for a regional NRM board will be approved by the Minister.

        (2)         Any staff under subsection (1) will be—

            (a)         if appointments have been made under subsection (3) —the persons holding those appointments; or

            (b)         Public Service employees assigned to work with the regional NRM board.

        (3)         The employing authority may, after consultation with a regional NRM board, employ a person to perform functions in connection with the operations or activities of the board.

        (4)         The terms and conditions of employment of a person under subsection (3) will be determined by the employing authority after consultation with the board and after obtaining the approval of the Commissioner for Public Sector Employment.

        (5)         A person employed under subsection (3) will be taken to be employed by or on behalf of the Crown (but will not be employed in the Public Service of the State unless brought into an administrative unit under the Public Sector Act 2009 ).

        (6)         The employing authority may direct a person employed under subsection (3) to perform functions in connection with the operations of a public sector agency specified by the employing authority (and the person must comply with that direction).

        (7)         The employing authority is, in acting under this section, subject to direction by the Minister.

        (8)         However, no Ministerial direction may be given by the Minister relating to the appointment, transfer, remuneration, discipline or termination of a particular person.

        (9)         The employing authority may delegate a power or function under this section.

        (10)         A delegation under subsection (9) —

            (a)         must be by instrument in writing; and

            (b)         may be made to a body or person (including a person for the time being holding or acting in a specified office or position); and

            (c)         may be unconditional or subject to conditions; and

            (d)         may, if the instrument of delegation so provides, allow for the further delegation of a power or function that has been delegated; and

            (e)         does not derogate from the power of the employing authority to act personally in any matter; and

            (f)         may be revoked at any time by the employing authority.

        (11)         A change in the person who constitutes the employing authority under this Act will not affect the continuity of employment of a person under this section.

        (12)         A regional NRM board must, at the direction of the Minister, the Treasurer or the employing authority, make payments with respect to any matter arising in connection with the employment of a person under this section (including, but not limited to, payments with respect to salary or other aspects of remuneration, leave entitlements, superannuation contributions, taxation liabilities, workers compensation payments, termination payments, public liability insurance and vicarious liabilities).

        (13)         A regional NRM board does not have the power to employ any person.

        (14)         In this section—

"public sector agency" has the same meaning as in the Public Sector Act 2009 .