New South Wales Consolidated Acts
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POLICE ACT 1990 - SECT 40
Termination of employment
40 Termination of employment
(1) The Governor may terminate the appointment of a person as
Deputy Commissioner or Assistant Commissioner at any time, for any or no
stated reason and without notice. The Governor is not to do so unless the
termination is recommended to the Minister by the Commissioner and the
Minister approves the recommendation.
(2) The Commissioner may terminate the
employment of any other NSW Police Force senior executive at any time, for any
or no stated reason and without notice.
(3) The Commissioner- (a) may declare
a person whose appointment is terminated under subsection (1) to be an
unattached officer in the NSW Police Force (an
"unattached declaration" ), and
(b) may revoke an unattached declaration.
(4) While an unattached declaration is in force, the person to whom the
declaration relates- (a) is to be regarded as a
NSW Police Force senior executive (although not as the holder of any
position), and
(b) is entitled to remuneration and employment benefits
(including any benefits that may be provided under a superannuation scheme) as
if the person’s appointment had not been terminated.
(5) If, in the case of
a person whose appointment has been terminated under subsection (1), an
unattached declaration is not made or is revoked by the Commissioner, the
employment of the person as a NSW Police Force senior executive is to be
terminated by the Commissioner unless the person is appointed to another
position in the NSW Police Force (including a position as a
non-executive police officer) after consultation with the person.
(6) Without
limiting subsection (5), a person whose appointment as Deputy Commissioner or
Assistant Commissioner is terminated under this section and who is the subject
of an unattached declaration may be appointed by the Commissioner to a
position in the NSW Police Force as a non-executive police officer after
consultation with the person.
(7) Nothing in this section prevents- (a) a
NSW Police Force senior executive who is a police officer being removed from
the NSW Police Force apart from under this section, or
(b) a
NSW Police Force senior executive who is an administrative employee from
having his or her employment terminated under section 68 or 69 of the
Government Sector Employment Act 2013 .
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