New South Wales Consolidated Regulations

GOVERNMENT SECTOR EMPLOYMENT REGULATION 2014 - REG 35

35 Secondments to staff of political office holders

(1) In this clause--

"political office holder" has the same meaning as in the Members of Parliament Staff Act 2013 .

"staff of a political office holder" means the group of staff who are employed by the political office holder under Part 2 of the Members of Parliament Staff Act 2013 .

(2) A government sector employee may, at the request of the employee, be seconded to the staff of a political office holder by agreement between the head of the agency in which the person is employed and the political office holder.

(3) Any such agreement is to set out the following--

(a) the period of the secondment,

(b) the financial responsibilities relating to the employee's entitlements,

(c) the procedure to be followed on completion of the secondment,

(d) the circumstances in which the secondment may be terminated and the form of notice to be given to terminate the secondment before the end of the agreed period of secondment.

(4) A copy of the agreement must be provided to the seconded employee.

(5) The political office holder to whose staff an employee is seconded under this clause is responsible for ensuring that the employee is assigned a suitable role while seconded to that office.

(6) The seconded employee is, while seconded to the staff of a political office holder under this clause, subject to the conditions of employment applying to the members of that staff under Part 2 of the Members of Parliament Staff Act 2013 .

(7) Any annual leave accrued by the seconded employee in the service of a government sector agency may be taken while on secondment to the staff of a political office holder.

(8) On completion of the secondment, the seconded employee--

(a) retains any rights to leave accrued by the person while on secondment, and

(b) is entitled to return to the government sector agency from which the employee was seconded at the same work level at which the person was employed immediately before being seconded.

(9) The period of a person's secondment under this clause is, for the purposes of calculating the person's extended leave entitlements as a government sector employee, taken to be a period of employment in the government sector agency from which the person was seconded.

(10) Despite any other provision of this clause, the secondment of a government sector employee to the staff of a political office holder may be terminated at any time by the political office holder.

(11) A political office holder may delegate to a member of the political office holder's staff any of the office holder's functions under this clause.

(12) The chief executive of a local health district or specialty network governed health corporation (within the meaning of the Health Services Act 1997 ) may not be seconded to the staff of a political office holder under this clause without the concurrence of the Health Secretary.

(13) The reference in subclause (2) to the head of the agency in which a person is employed is, in the case where the person is a Health Service senior executive, taken to be a reference to the employer of the executive.