POLICE ACT 1990 - SECT 40 Termination of employment

POLICE ACT 1990 - SECT 40

40 Termination of employment

(1) The Governor may terminate the appointment of a person as Deputy Commissioner or Assistant Commissioner at any time, for any or no stated reason and without notice. The Governor is not to do so unless the termination is recommended to the Minister by the Commissioner and the Minister approves the recommendation.

(2) The Commissioner may terminate the employment of any other NSW Police Force senior executive at any time, for any or no stated reason and without notice.

(3) The Commissioner--

(a) may declare a person whose appointment is terminated under subsection (1) to be an unattached officer in the NSW Police Force (an
"unattached declaration" ), and

(b) may revoke an unattached declaration.

(4) While an unattached declaration is in force, the person to whom the declaration relates--

(a) is to be regarded as a NSW Police Force senior executive (although not as the holder of any position), and

(b) is entitled to remuneration and employment benefits (including any benefits that may be provided under a superannuation scheme) as if the person's appointment had not been terminated.

(5) If, in the case of a person whose appointment has been terminated under subsection (1), an unattached declaration is not made or is revoked by the Commissioner, the employment of the person as a NSW Police Force senior executive is to be terminated by the Commissioner unless the person is appointed to another position in the NSW Police Force (including a position as a non-executive police officer) after consultation with the person.

(6) Without limiting subsection (5), a person whose appointment as Deputy Commissioner or Assistant Commissioner is terminated under this section and who is the subject of an unattached declaration may be appointed by the Commissioner to a position in the NSW Police Force as a non-executive police officer after consultation with the person.

(7) Nothing in this section prevents--

(a) a NSW Police Force senior executive who is a police officer being removed from the NSW Police Force apart from under this section, or

(b) a NSW Police Force senior executive who is an administrative employee from having his or her employment terminated under section 68 or 69 of the Government Sector Employment Act 2013 .