(1) The chief
executive officer may appoint, under and subject to Part 3 of the
Public Sector Management Act 1994 , such officers and other persons as are
necessary to implement or administer this Act.
(1a) In addition to
persons appointed under subsection (1) and for the purposes of this Act the
chief executive officer may appoint —
(a)
custodial officers for primarily non-administrative functions; and
(b)
officers and employees of particular classes as are prescribed by the
regulations,
and may remove those
persons in the prescribed circumstances.
(1b) The custodial
officers appointed under subsection (1a)(a) —
(a) may
be subject to employment conditions set out in an award or industrial
agreement; and
(b) may
be subject to —
(i)
disciplinary proceedings provided for in the regulations;
or
(ii)
if regulations are made under subsection (1C) —
disciplinary proceedings under the Public Sector Management Act 1994 Part 5.
(1C) The regulations
may prescribe custodial officers for the purposes of the
Public Sector Management Act 1994 section 76(1)(b).
(2) The officers and
employees appointed under subsection (1a)(b) —
(a) are
to have such functions as are given to them under the regulations; and
(b) may
be subject to employment conditions set out in an award or industrial
agreement; and
(c) in
prescribed circumstances, may be subject to such disciplinary procedures as
are set out in the regulations.
(3) Appointments under
subsection (1a) may be on a paid or honorary basis.
[Section 11 amended: No. 58 of 2004 s. 6(1) and
(2); No. 29 of 2014 s. 14.]
[ 11AA. 1M Modifications to be applied in order to give effect to Cross-border
Justice Act 2008: section inserted 1 Nov 2009. See endnote 1M.]