New South Wales Consolidated Regulations

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GOVERNMENT SECTOR EMPLOYMENT REGULATION 2014 - REG 21

Allowance for temporary assignments to executive roles

21 Allowance for temporary assignments to executive roles

(1) Non-executives assigned to executive roles A Public Service non-executive employee who is temporarily assigned by the agency head under the government sector employment rules to an executive role in the agency is entitled to be paid an allowance.
(2) Subject to this clause, the amount of the allowance to be paid under subclause (1) is the difference between the salary of the person's usual role and the notional salary of the executive role to which the person is temporarily assigned.
(3) Executives assigned to higher executive roles A Public Service senior executive who is temporarily assigned by the agency head under the government sector employment rules to an executive role that is:
(a) in a band higher than the band in which the executive is employed, or
(b) in the same band in which the executive is employed but at a higher remuneration point within that band,
is entitled to be paid an allowance.
(4) Subject to this clause, the amount of the allowance to be paid under subclause (3) is the difference between the total amount of the executive's remuneration package and the total amount of the remuneration package for the executive role to which the executive is temporarily assigned that corresponds to a point, as determined by the agency head for the purposes of the temporary assignment, within the remuneration range for that executive role.
(5) General provisions The amount of an allowance to be paid under this clause is proportionate to the duties to be performed by the person in the other role and is to be determined by the agency head before the person starts the temporary assignment.
(6) An allowance under this clause is not to be paid:
(a) for a temporary assignment to another role for a single period of less than 5 ordinary working days (except where the agency head otherwise determines), or
(b) in the case where the temporary assignment is for a period of less than 3 months--for any unbroken period of leave of more than 5 ordinary working days taken by the person during the temporary assignment.
(7) Subclause (6) (a) does not prevent an allowance being paid under this clause to a person who works part-time.
(8) In this clause:

"agency head" in relation to a Public Service senior executive means the employer of the executive if the employer is not otherwise the agency head.

"executive role" means the role of Public Service senior executive.

"notional salary" in relation to an executive role to which a non-executive employee is temporarily assigned means the total amount of the remuneration package that corresponds to a point, as determined by the agency head for the purposes of the temporary assignment, within the remuneration range for the executive role, less the superannuation guarantee amount payable in respect of a person employed in the executive role at that remuneration point.

"superannuation guarantee amount" means the minimum amount payable to a superannuation fund or scheme in respect of a person that is sufficient to avoid an individual superannuation guarantee shortfall, within the meaning of the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth, in respect of the person.



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