LOCAL GOVERNMENT ACT 1995 - SECT 5.39
LOCAL GOVERNMENT ACT 1995 - SECT 5.39
5.39 . Contracts for CEO and senior employees
(1) Subject to
subsection (1a), the employment of a person who is a CEO or a senior employee
is to be governed by a written contract in accordance with this section.
(1a) Despite
subsection (1) —
(a) an
employee may act in the position of a CEO or a senior employee for a term not
exceeding one year without a written contract for the position in which he or
she is acting; and
(b) a
person may be employed by a local government as a senior employee for a term
not exceeding 3 months, during any 2 year period, without a written contract.
(2) A contract under
this section —
(a) in
the case of an acting or temporary position, cannot be for a term exceeding
one year;
(b) in
every other case, cannot be for a term exceeding 5 years.
(3) A contract under
this section is of no effect unless —
(a) the
expiry date is specified in the contract; and
(b)
there are specified in the contract performance criteria for the purpose of
reviewing the person’s performance; and
(c) any
other matter that has been prescribed as a matter to be included in the
contract has been included.
(4) A contract under
this section is to be renewable and subject to subsection (5), may be varied.
(5) A provision in, or
condition of, an agreement or arrangement has no effect if it purports to
affect the application of any provision of this section.
(6) Nothing in
subsection (2) or (3)(a) prevents a contract for a period that is within the
limits set out in subsection 2(a) or (b) from being terminated within that
period on the happening of an event specified in the contract.
(7) A CEO is to be
paid or provided with such remuneration as is determined by the Salaries and
Allowances Tribunal under the Salaries and Allowances Act 1975 section 7A.
(8) A local government
is to ensure that subsection (7) is complied with in entering into, or
renewing, a contract of employment with a CEO.
[Section 5.39 amended: No. 49 of 2004
s. 46(1)-(3); No. 2 of 2012 s. 13 (correction to reprint: Gazette 28 Mar 2013
p. 1317).]