New South Wales Consolidated Acts

LOCAL GOVERNMENT ACT 1993 - SECT 354A

354A Ministerial approval for certain termination payments to general managers

(1) A council must not make a payment to the general manager of the council in relation to his or her termination of employment (including termination on the ground of redundancy) without first obtaining the Minister's approval to the payment.

(2) The Minister may refuse to approve a payment under subsection (1) if the Minister is not satisfied the payment is appropriate.

(3) A payment referred to in subsection (1) that is made without the Minister's approval--

(a) is to be repaid to the council, and

(b) is a debt due to the council recoverable by the council or the Minister in any court of competent jurisdiction.

(4) Subsection (1) does not apply to payments of a kind exempted from this section by the regulations.

(5) To remove doubt, this section extends to--

(a) a termination payment made under a contract and to an ex gratia termination payment, and

(b) a termination payment made under a contract entered into before the commencement of this section.