New South Wales Consolidated Regulations

GOVERNMENT SECTOR EMPLOYMENT REGULATION 2014 - REG 46

46 Compensation for termination of employment and calculation of proportionate amount to be refunded on re-employment in public sector

(1) The contract of employment of a NSW Police Force senior executive is to provide for the payment of the following compensation to the executive on the termination of the executive's employment--

(a) if the employment is terminated under section 40 of the Police Act 1990 during or at the end of any period of probation imposed as a condition of the executive's engagement--an amount equal to the executive's remuneration package for a period of 4 weeks,

(b) if the employment is otherwise terminated under section 40 of the Police Act 1990 --an amount equal to the executive's remuneration package for a period of 38 weeks or for the period remaining on the term of the contract (whichever is the lesser),

(c) if the employment is terminated under section 68 of the Act for unsatisfactory performance--an amount equal to the executive's remuneration package for a period of 13 weeks.

Note : Section 68 of the Act does not apply to police officers.

(2) No compensation is payable if the NSW Police Force senior executive's employment is terminated for misconduct.

(3) The proportionate amount of a payment to be refunded under section 41 (2) of the Police Act 1990 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.

(4) The amount of compensation payable in accordance with this clause to a NSW Police Force senior executive on the termination of the executive's employment is, in the case of an executive who is employed part-time, to be calculated on a pro-rata basis.