New South Wales Consolidated Acts

PUBLIC SECTOR EMPLOYMENT AND MANAGEMENT ACT 2002 - SECT 77

77 Removal of executive officers from office

(1988 Act, ss 42Q, 100D)

(1) The employer of an executive officer may remove the executive officer from an executive position at any time for any or no reason and without notice.

(2) The employer:

(a) may declare an executive officer who is removed from an executive position by the employer under subsection (1) to be an unattached officer, and

(b) may revoke any such declaration.

(3) While a declaration under subsection (2) remains in force, the person to whom the declaration relates:

(a) is to be regarded as an executive officer, although not holding an executive position, and

(b) is entitled to monetary remuneration and employment benefits as if the person had not been removed from his or her position, and

(c) is, for the purposes of sections 19 (1), (2), (3) and (5) and 87, to be regarded as holding an equivalent (though notional) executive position in the Division of the Government Service or organisation from which he or she was removed.

(4) If the person referred to in subsection (3) was removed from a chief executive position, then for the purposes of sections 19 (1), (2), (3) and (5) and 87:

(a) the person is to be regarded as a senior executive officer, and

(b) the person’s notional executive position referred to in subsection (3) (c) is to be regarded as a senior executive position.

(5) If:

(a) an executive officer is removed from an executive position under subsection (1) and a declaration is not made in relation to the officer under subsection (2), or

(b) a declaration under subsection (2) made in relation to an executive officer is revoked,

the officer ceases to be an executive officer, unless appointed to an executive position.

(6) An officer in the Public Service, the Teaching Service, another service of the Crown or the service of a public authority who ceases to be an executive officer because of subsection (5) ceases to be an officer in that service, unless appointed to a position in that service.

(6A) A member of staff of a Division of the Government Service referred to in Part 2 of Schedule 1 who ceases to be an executive officer because of subsection (5) ceases to be a member of the Government Service unless appointed to another position in that Division.

(7) The making of a declaration under subsection (2) in relation to an executive officer does not prevent the officer from ceasing to be an executive officer because of the completion of the officer’s term of office.

(8) This section does not prevent an executive officer being removed from office apart from this section.

(9) If a Division of the Government Service or organisation referred to in subsection (3) (c) ceases to exist or to be identifiable, the Director-General of the Department of Premier and Cabinet may determine that the executive position concerned is to be regarded for the purposes of that paragraph as being in some other specified Division or organisation.