(1988 Act, s 89)
(1) In this Chapter:term appointee means a person appointed by the Governor or a Minister to a statutory office where the Act concerned provides that the holder of the office holds it for a term specified in the Act, in the instrument of appointment or in another instrument.
(2) For the purposes of this Chapter, a person is not a term appointee merely because an Act provides that the person ceases to hold office on reaching a particular age.(3) A reference in this Chapter to:(a) employment in the public sector is a reference to employment:(i) as an officer of the Public Service or the Teaching Service, or(ii) as a member of the NSW Police Force, or(iii) as a member of staff of a Division of the Government Service referred to in Part 2 of Schedule 1, or(iv) in the service of a public authority established by or under an Act, and(b) engagement in the public sector is a reference to employment in the public sector or to holding a statutory office.(4) The positions of director or chief executive officer of a statutory State owned corporation are statutory offices for the purposes of this Chapter.
115 Chapter not to apply to executive officers
(1988 Act, s 89A)
This Chapter does not apply to a person in the person’s capacity as a chief executive officer or a senior executive officer.
116 Removal of term appointee from office
(1988 Act, s 90)
(1) The Governor may remove a term appointee from office at any time for any or no reason and without notice.(2) This section does not prevent a term appointee from being removed from office apart from this Act.(3) This section applies whether the term appointee holds office on a full-time or part-time basis.(4) This section does not apply to a person in the person’s capacity as:(a) the holder of an office under an Act that provides that the holder may or must be removed from office following an address, declaration, resolution or other involvement of either or both of the Houses of Parliament, or(b) the Crown Advocate, or(c) an Assistant Commissioner for the Independent Commission Against Corruption or any other officer of the Commission, or(d) the Public Service Commissioner.
117 Re-appointment to public sector following removal of term appointee
(1988 Act, s 91)
(1) This section applies to a person who is removed from office under section 116.(2) A person to whom this section applies is entitled to engagement in the public sector, if:(a) for a continuous period ending immediately before appointment to the office the person was at all times engaged in the public sector on a full-time basis, and(b) for at least some part of that engagement the person was an employee in the public sector.(3) The engagement to which the person is entitled under this section is to be an engagement:(a) at a salary not lower than the current salary for the previous engagement of the person as such an employee, and(b) with duties appropriate to that salary.(4) The person is not entitled to any compensation for the removal from office or to any remuneration in respect of the office for any period afterwards.
118 Compensation for office holder following removal
(1988 Act, s 92)
(1) This section applies to a person who (being a term appointee):(a) is removed from an office under section 116, and(b) is not entitled to be engaged in the public sector under section 117,but does not apply to a person who held the office concerned on a part-time basis.(2) A person to whom this section applies is entitled to such compensation (if any) for loss of remuneration as the Statutory and Other Offices Remuneration Tribunal determines.(3) The maximum compensation payable is an amount equal to the person’s gross remuneration for:(a) the period of 38 weeks, or(b) if the person was appointed for a term—the period starting from the person’s removal from office and ending when the person’s term of office would have expired,at the rate at which it was payable immediately before the person’s removal from office.(4) If more than one such period is applicable, the maximum compensation is to be calculated by reference to the shorter or shortest period.(5) The person is not entitled to any other compensation for the removal from office or to any other remuneration in respect of the office for any period afterwards.(6) If the Statutory and Other Offices Remuneration Tribunal determines that compensation is payable under this section, it must, in its determination, specify the period to which the compensation for loss of remuneration relates.(7) The person may not be engaged in the public sector or employed in the service of a State owned corporation or a subsidiary of a State owned corporation during the period so specified, unless arrangements are made for a refund of the proportionate amount of the compensation.
119 Election by term officer to take compensation
(1988 Act, s 93)
A person to whom section 117 applies may, before being engaged in the public sector under that section, elect in writing to take compensation referred to in section 118, and on the election taking effect the person ceases to be entitled to engagement in the public sector under section 117.
(1988 Act, s 94)
(1) This Chapter prevails over any inconsistent provision of any other Act or law or of the terms of appointment of or contract with a person.(2) Part 6 (Unfair dismissals) and Part 9 (Unfair contracts) of Chapter 2 of the Industrial Relations Act 1996 do not apply to or in respect of the removal of a term appointee from office under this Chapter.(3) This Chapter applies to a person appointed to a statutory office even though the Act concerned excludes the application of this Act, unless it expressly excludes the application of this Chapter.(4) This Chapter applies to persons holding office at the commencement of this Chapter, as well as to persons appointed to an office afterwards.(5) Disentitlement under this Chapter to salary of an office does not apply as regards a subsequent re-appointment to the office.(6) This Chapter does not apply to a person in the person’s capacity as:(a) the Governor, the Lieutenant-Governor or other officer administering the Government, or(b) a member of the Executive Council, a Minister of the Crown, a member of either House of Parliament or the holder of any other political office, or(c) the holder of a judicial office, or(d) the Parliamentary Remuneration Tribunal, or(e) a member of the NSW Police Force.