121P Incumbent officers’ accrued leave
(cf PSE&M Act s 80)
(1) A person who:(a) was a chief executive of a statutory health corporation, or was employed in the public sector, when appointed to an executive position, and(b) had a right to accrued extended or annual leave with pay immediately before that appointment, and(c) has not taken that leave before taking up duties in the executive position,is entitled, on taking up those duties, to be paid instead of that leave (or any part of that leave) the money value of that leave (or part) as a gratuity if the person so elects.(2) An election under this section is to be made within the time and in the manner determined by the Director-General.(3) The money value of leave is to be calculated at the rate of pay of the person immediately before appointment to the executive position.(4) A person who was a chief executive of a statutory health corporation, or was employed in the public sector, when appointed to an executive position retains any right to extended, annual, sick or other leave accrued or accruing to the person immediately before the appointment (except any accrued leave which is paid out by a gratuity under subsection (1)).(5) In this section, a reference to employment in the public sector is a reference to:(a) employment in the NSW Health Service, the Government Service or the Teaching Service, or(b) employment as a member of the NSW Police Force, or(c) employment as an officer in the service of a public authority within the meaning of Part 3.1 of the Public Sector Employment and Management Act 2002, or(d) appointment to a statutory office.
121Q Effect on incumbent when position ceases to be executive position
(cf PSE&M Act s 81)
(1) If a position ceases to be designated as an executive position by a determination under section 121B (1) (b):(a) the position is abolished, and(b) any person holding the position ceases to be a member of staff of the NSW Health Service (or of the Government Service in the case of a person holding a position referred to in section 121B (1) (b) (iii)) unless appointed to some other position in the NSW Health Service (or in the Government Service in the case of a person holding a position referred to in section 121B (1) (b) (iii)) or unless declared to be an unattached officer under section 121N (2).(2) A person referred to in subsection (1) (b) has the same rights and obligations as if the person had ceased to be a health executive because of section 121N (4).(3) A determination under section 121B (1) (b) that omits or adds an executive position may contain other provisions of a savings or transitional nature consequent on a position becoming or ceasing to be an executive position or becoming a different kind of executive position.
121R Change in title of positions
(cf PSE&M Act s 82)
A position referred to in a determination under section 121B (1) (b) does not cease to be an executive position merely because of a change in the title of the position.
121S Approval to undertake other paid work
(cf PSE&M Act s 83)
A health executive is not to undertake any paid work outside the duties of the executive position without the consent of the Director-General.
(cf PSE&M Act s 84)
This Part prevails over any inconsistent provision of any other Act or law or of the terms of appointment of or contract with a person.