79 Appointment of incumbent officers to senior executive positions
(1988 Act, s 42U)
(1) When a position becomes a senior executive position, the person (if any) holding the position is to continue to hold that position until the person or some other person is duly appointed to the position.(2) While the person continues to hold the position, the conditions of employment (including remuneration) of the person are to be the same as those which applied to the person immediately before the position became a senior executive position.(3) The person who continues to hold the position may be appointed to the position without the vacancy being advertised.(4) If the person who continues to hold the position is not appointed to the position or to any other executive position, clause 11 of Schedule 4 applies to the person as if he or she had elected to retain a right of return to the public sector.(5) This section does not apply to a senior executive position referred to in Part 3 of Schedule 2.
80 Incumbent officers—accrued leave
(1988 Act, s 42V)
(1) A person who:(a) was engaged 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 Minister.(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 engaged 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) A reference in this section to an engagement in the public sector has the same meaning as it has for the purposes of section 78.
81 Change in status of positions
(1988 Act, s 42W)
(1) If a chief executive position becomes a senior executive position or a senior executive position becomes a chief executive position, the existing contract of employment continues in force until a new contract is made under this Part.(2) If a position ceases to be designated as an executive position by order or determination under this Part:(a) the position is not thereby abolished, and(b) any person holding the position is to be taken to have been appointed to the position in accordance with the relevant provisions.(3) However, the order or determination by which a position is omitted may direct that the person holding the position is to cease to hold the position, but only if the person was not employed in the public sector (as referred to in section 78) immediately before last becoming an executive officer.(4) The person to whom any such direction relates ceases to hold the position concerned and has the same rights and obligations as if the person had ceased to be an executive officer as referred to in section 77 (5).(5) An order or determination 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.
82 Change in title of positions
(Act 1988, s 42X)
A position referred to in Schedule 2 or in a determination of the Minister under this Part does not cease to be an executive position merely because of a change in the title of the position.
83 Approval to undertake other paid work
(1988 Act, s 42Y)
An executive officer is not to undertake any paid work outside the duties of the executive position without the consent of the officer’s employer (whether or not that paid work is employment to which this Act applies).
(1988 Act, s 42Z)
(1) 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.(2) The provisions of this Part apply to a person appointed to an executive position under any Act even though the Act excludes the application of this Act, unless it expressly excludes the application of those provisions.