PUBLIC ADMINISTRATION ACT 2004 - SECT 34 Termination of employment (executives)

PUBLIC ADMINISTRATION ACT 2004 - SECT 34

S. 34(1) amended by No. 3/2012 s. 29(1).

    (1)     Subject to subsection (1A), the appropriate public service body Head or, if the executive is a public service body Head, the Premier, may terminate the employment of an executive for any reason consistent with the terms and conditions of his or her contract of employment.

S. 34(1A) inserted by No. 3/2012 s. 29(2).

    (1A)     The Director of Public Prosecutions may terminate the employment of the Solicitor for Public Prosecutions for any reason consistent with the terms and conditions of his or her contract of employment.

    (2)     Without affecting any other means of terminating the contract of a public service body Head, the Governor in Council may at any time remove a public service body Head from office and, on that removal, his or her contract of employment is terminated.

    (3)     A power of a public service body Head referred to in subsection (1) must be exercised as set out in section 20(3).

    (4)     Despite anything to the contrary in this or any other Act—

        (a)     if the holder of a statutory or prerogative office which is a declared authority is removed or retires from that office, his or her contract of employment is thereby terminated; and

        (b)     if the contract of employment of the holder of a statutory office which is a declared authority is terminated under this Act, he or she is deemed, for the purpose of this or any other Act, to have been removed from that office.

    (5)     Subsection (1) does not apply to the Official Secretary.