New South Wales Consolidated Acts
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GOVERNMENT SECTOR EMPLOYMENT ACT 2013 - SECT 26
Employer functions of Secretaries of Departments
(1) The Secretary of a Department may, subject to this and any other Act or
law, exercise on behalf of the Government of New South Wales the employer
functions of the Government in relation to the following-- (a) the
Public Service senior executives assigned to roles in the Department,
(b) the
other employees of the Department,
(c) the head of each
Public Service executive agency related to the Department unless-- (i) the
office of the head is a statutory office established by another Act, or
(ii)
the head is the Secretary, or
(iii) Schedule 1 provides that some other
person exercises the employer functions in relation to the head,
(d) the
Public Service senior executives assigned to roles in each
Public Service executive agency related to the Department.
(3) The employer
functions of the Government are all the functions of an employer in respect of
employees, including (without limitation) the power to employ persons, to
assign them to roles and to terminate their employment.
(4) In the exercise
of the employer functions referred to in subsection (1), a Secretary of a
Department is not subject to the direction or control of a Minister.
Note :
Division 6 confers on the Industrial Relations Secretary employer functions
relating to the determination of the conditions of employment of, and other
industrial matters relating to, Public Service employees.
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