New South Wales Consolidated Regulations

GOVERNMENT SECTOR EMPLOYMENT REGULATION 2014 - REG 24

24 Repayment of severance or redundancy payments for non-executives on re-employment in public sector: section 88 (3) of Act

(1) A government sector employee who receives a severance or redundancy payment because of a cessation of employment is not to be employed in the public sector during the period to which the payment relates unless arrangements have been made for a refund of the proportionate amount of the payment.

(2) The proportionate amount of a payment to be refunded is to be calculated on the basis of the number of weeks (if any) that remain as part of the period to which the payment relates.

(3) In this clause:

"employment" of a former government sector employee in the public sector includes:

(a) engagement of the former employee as a consultant or contractor to the employer, and

(b) engagement of the former employee through a labour hire arrangement with the employer, and

(c) engagement of a company or partnership that provides the services of the former employee to the employer.

"public sector" means the government sector, the service of a State owned corporation (or a subsidiary), any service in which persons excluded from the Act by section 5 of the Act are employed or a statutory office.

(4) This clause does not apply to any of the following:

(a) Public Service senior executives,

(b) Health Service senior executives,

(c) Transport Service senior executives and Transport Service senior managers,

(d) NSW Police Force senior executives.

Note : In the case of Public Service senior executives, see section 41 (3) of the Act and clause 39 of this Regulation.
In the case of Health Service senior executives, see section 121H (3) of the Health Services Act 1997 and clause 41 of this Regulation.
In the case of Transport Service senior executives and senior managers, see section 68N (3) of the Transport Administration Act 1988 and clause 44 of this Regulation.
In the case of NSW Police Force senior executives, see section 41 (2) of the Police Act 1990 and clause 46 of this Regulation.