PUBLIC ADMINISTRATION ACT 2004 - SECT 25 Executive employment governed by contract
PUBLIC ADMINISTRATION ACT 2004 - SECT 25
Executive employment governed by contract(1) Subject to this Act, the employment of an executive shall be governed by a contract of employment between the executive and his or her employer.
(2) A contract must be in writing and be signed by or on behalf of the employer and the executive.
(3) A contract must specify the date on which it expires which must not be more than 5 years after the date on which it came into force.
S. 25(4) repealed by No. 37/2014 s. 10(Sch. item 135.3), new s. 25(4) inserted by No. 5/2019 s. 65.
(4) The remuneration paid to an executive under a contract of employment—
(a) must be within the relevant
remuneration band in a Determination made by the
Tribunal; or
(b) may exceed the maximum of the relevant remuneration band only if the employer of the executive has obtained the advice of the Tribunal under section 37 of the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019 .
(5) A contract of employment may be varied at any time by a further contract between the parties but its term may not be increased beyond 5 years.
(6) If, at the time of entering into a contract of employment, an executive was not employed in the employment or appointed to the office to which the contract relates, then the contract constitutes his or her instrument of employment or appointment for the purposes of this and any other Act.
(7) If, at the time of entering into a contract of employment, an executive was employed in the employment or appointed to the office to which the contract relates, then the contract constitutes a new instrument of employment or appointment, and replaces any earlier instrument of employment or appointment, for the purposes of this and any other Act.
S. 25A inserted by No. 27/2009 s. 7.