South Australian Consolidated Acts South Australian Consolidated Acts (1) The staffing
arrangements for a regional NRM board will be approved by the Minister.
(2) Any staff under
subsection (1) will be—
(a) if
appointments have been made under subsection (3)—the persons
holding those appointments; or
(b)
Public Service employees assigned to work with the regional NRM board.
(3) The
employing authority may, after consultation with a regional NRM board, employ
a person to perform functions in connection with the operations or activities
of the board.
(4) The terms and
conditions of employment of a person under subsection (3) will be
determined by the employing authority after consultation with the board and
after obtaining the approval of the Commissioner for Public Employment.
(5) A person employed
under subsection (3) will be taken to be employed by or on behalf of the
Crown (but will not be employed in the Public Service of the State unless
brought into an administrative unit under the Public Sector Management
Act 1995 ).
(6) The
employing authority may direct a person employed under subsection (3) to
perform functions in connection with the operations of a public sector agency
specified by the employing authority (and the person must comply with that
direction).
(7) The
employing authority is, in acting under this section, subject to direction by
the Minister.
(8) However, no
Ministerial direction may be given by the Minister relating to the
appointment, transfer, remuneration, discipline or termination of a particular
person.
(9) The
employing authority may delegate a power or function under this section.
(10) A delegation
under subsection (9)—
(a) must
be by instrument in writing; and
(b) may
be made to a body or person (including a person for the time being holding or
acting in a specified office or position); and
(c) may
be unconditional or subject to conditions; and
(d) may,
if the instrument of delegation so provides, allow for the further delegation
of a power or function that has been delegated; and
(e) does
not derogate from the power of the employing authority to act personally in
any matter; and
(f) may
be revoked at any time by the employing authority.
(11) A change in the
person who constitutes the employing authority under this Act will not affect
the continuity of employment of a person under this section.
(12) A
regional NRM board must, at the direction of the Minister, the Treasurer or
the employing authority, make payments with respect to any matter arising in
connection with the employment of a person under this section (including, but
not limited to, payments with respect to salary or other aspects of
remuneration, leave entitlements, superannuation contributions, taxation
liabilities, workers compensation payments, termination payments, public
liability insurance and vicarious liabilities).
(13) A
regional NRM board does not have the power to employ any person.
(14) In this
section—
"public sector agency" has the same meaning as in the Public
Sector Management Act 1995 .