42   Matters regulated by contract of employment

(1)  The matters to be dealt with in a contract of employment between an executive officer and the Commissioner include the following:

(a)  the duties of the executive officer’s position (including performance criteria for the purpose of reviews of the officer’s performance),

(b)  the monetary remuneration and employment benefits for the executive officer as referred to in Division 5 (including the nomination of the amount of the remuneration package if a range of amounts has been determined for the remuneration package),

(c)  any election by the executive officer to retain a right of return to the public sector under section 52.

(2)  A contract of employment may provide for any matter to be determined:

(a)  by further agreement between the parties, or

(b)  by further agreement between the executive officer and some other person specified in the contract, or

(c)  by the Commissioner or other person or body specified in the contract.