New South Wales Consolidated Acts

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LANDCOM CORPORATION ACT 2001 - SCHEDULE 2

SCHEDULE 2 – Transfer of staff

(Section 18)

1 Transfer of DUAP staff to Landcom

(1) The Minister may, by order in writing, transfer such of the staff of the Department of Urban Affairs and Planning as are specified or referred to in the order to the Corporation.
(2) The members of staff of the Department of Urban Affairs and Planning who are transferred to the Corporation by such an order are to be regarded for all purposes as having become employees of the Corporation, in accordance with the terms of the order, on a day specified in the order as being the day on which the transfer takes effect.

2 General saving of conditions of employment

(1) A person who is transferred under this Schedule is (until other provision is duly made under any Act or law) to be employed in accordance with any relevant statutory provisions, awards, agreements and determinations that would have applied to the person if the person had not been transferred but had instead remained as a member of the staff of the Department of Urban Affairs and Planning.
(2) However, nothing in this clause affects the application of section 36 (1) of the State Owned Corporations Act 1989 to the Corporation. Accordingly, the Government and Related Employees Appeal Tribunal Act 1980 does not apply to the Corporation or any subsidiary of the Corporation.

3 Saving of leave

A member of staff of the Department of Urban Affairs and Planning who is transferred under this Schedule retains any rights to annual leave, extended service leave, sick leave, and other forms of leave, accrued or accruing in his or her employment with the Department of Urban Affairs and Planning.

4 No payment out on transfer or dual benefits

(1) A member of staff of the Department of Urban Affairs and Planning who is transferred under this Schedule is not entitled to receive any payment or other benefit merely because the person ceases to be a member of staff of the Department of Urban Affairs and Planning.
(2) A person who is transferred under this Schedule is not entitled to claim, both under this Act and under any other Act, dual benefits of the same kind for the same period of service.



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