New South Wales Consolidated Acts

NSW TRUSTEE AND GUARDIAN ACT 2009 - SCHEDULE 3

SCHEDULE 3 – Provisions relating to Chief Executive Officer

(Section 7 (2))

1 Term of office

The Chief Executive Officer holds office for such term, not exceeding 5 years, as may be specified in the instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.

2 Full-time office

The office of Chief Executive Officer is a full-time office and the holder of the office is required to hold it on that basis, except to the extent permitted by the Minister.

3 Employment and remuneration

(1) The employment of the Chief Executive Officer is (subject to this Schedule) to be governed by a contract of employment between the Chief Executive Officer and the Minister.

(2) The following provisions of or made under the Government Sector Employment Act 2013 relating to the employment of Public Service senior executives apply to the Chief Executive Officer (but in the application of those provisions a reference to the employer of any such executive is to be read as a reference to the Minister)--

(a) provisions relating to the band in which an executive is to be employed,

(b) provisions relating to the contract of employment of an executive,

(c) provisions relating to the remuneration, employment benefits and allowances of an executive.

4 Vacancy in office

(1) The office of Chief Executive Officer becomes vacant if the holder--

(a) dies, or

(b) completes a term of office and is not re-appointed, or

(c) resigns the office by instrument in writing addressed to the Minister, or

(d) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or

(e) becomes a mentally incapacitated person, or

(f) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable, or

(g) is removed from office under clause 5.

(2) If the office of Chief Executive Officer becomes vacant, a person is, subject to this Act, to be appointed to fill the vacancy.

5 Removal from office

(1) The Governor may remove the Chief Executive Officer from office, but only for incompetence, incapacity or misbehaviour.

(2) The Chief Executive Officer cannot be removed from office under Part 6 of the Government Sector Employment Act 2013 .

6 Chief Executive Officer not Public Service employee

The office of Chief Executive Officer is a statutory office and the provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to that office (except as provided by clause 3).